Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Un Exemple Remarquable D'application Du Juscogens, Le Statut De Prisonnier De Guerre

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The legal regime of prisoners of war is interesting because it allows the observer to articulate his reflections on "non-derogability" as such, i.e. to consider jus cogens within the framework of the law of treaties which has given rise to the formulation of this concept. The relevant configuration pertains to what in domestic law is usually called the public order of protection. The Geneva Conventions and, in particular, Geneva Convention III, have gained effective universal applicability, which permits them to provide actual protection to the persons concerned. They establish at the same time an objective regime which is guaranteed by the customary nature which is accorded to them in their entirety. Lastly, they ensure the implementation of an "intransgressible" rule. Non-derogability attains its full meaning when viewed in conjunction with the inalienability of the conventional rights of the prisoner as established by Article 7.

Keywords: Geneva Convention III; jus cogens; non-derogability; prisoners of war; public order of protection



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Fundamental Rules of the International Legal Order — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation