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

General principles governing the protection of fundamental rights in international humanitarian law

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

This chapter begins with the question whether or not the existing framework of International Humanitarian Law (IHL) confers rights upon individual persons in the sense of the entitlement to raise complaints of violations of specific rules of IHL treaty provisions. It examines that many IHL treaty-based rules specifically provide rights to individual persons. The chapter explores what may be considered general principles of IHL, which govern the protection of individual persons. It analyses the structure of the rights guaranteed under Fourth Geneva Convention (GCIV). The chapter focuses on what may be described as general principles of GCIV, namely the set of rules regulating all the GCIV provisions dealing with the rights of individual persons in occupied territories. It ends with a discussion of specific elements of the rights to humane treatment elaborated under Part III, Section I of GCIV.

Keywords: Fourth Geneva Convention (GCIV); fundamental rights; humane treatment; IHL treaty-based rules; individual persons; international humanitarian law (IHL); occupied territories



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 Law of Occupation — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation