Hostname: page-component-7bb8b95d7b-fmk2r Total loading time: 0 Render date: 2024-09-28T05:06:14.051Z Has data issue: false hasContentIssue false

Revisiting the Geneva Conventions: 1949–2019 edited by Md. Jahid Hossain BHUIYAN and Borhan Uddin KHAN. Leiden/Boston: Brill Nijhoff, 2020. xviii + 334 pp. Hardcover: $25.00. doi: 10.1163/9789004375543

Review products

Revisiting the Geneva Conventions: 1949–2019 edited by Md. Jahid Hossain BHUIYAN and Borhan Uddin KHAN. Leiden/Boston: Brill Nijhoff, 2020. xviii + 334 pp. Hardcover: $25.00. doi: 10.1163/9789004375543

Published online by Cambridge University Press:  20 July 2023

Wasantha SENEVIRATNE*
Affiliation:
Faculty of Law, University of Colombo, Sri Lanka
Rights & Permissions [Opens in a new window]

Abstract

Type
Book Review
Copyright
Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of the Asian Society of International Law

This interdisciplinary book aims to commemorate the 70th Anniversary of the Geneva Conventions and features a collection of articles written by Asian scholars, which examine contemporary issues in international humanitarian law. The focus is on the challenges and prospects of this body of law, with particular emphasis on the four Geneva Conventions of 1949 and their three Additional Protocols. These articles encompass various approaches to critically evaluate the applicability and adequacy of the conventions and explore the complexities and changing dynamics of present-day warfare. It highlights the need for further regulations and better compliance with international humanitarian law by states and non-state actors engaged in armed conflicts.

Two contradictory trends are observed in the book: the universal ratification of the Geneva Conventions, which demonstrates international solidarity to apply the provisions contained therein, and the alarming increase in gross violations of these conventions. The editors identify the lack of political will among parties involved in armed conflicts, the absence of effective prevention and control mechanisms, and the dearth of accountability as the core reasons for the substandard compliance with humanitarian law.

The book is well-structured, with contributors offering intriguing analyses from diverse perspectives. Key themes covered include the development of the Geneva Conventions, the legal status and protection of prisoners of war, the prohibition of deportation and forcible transfer of civilian populations, the treatment of persons aboard medical aircraft under the control of a neutral power, forced transfer of aliens during armed conflicts, non-international armed conflicts, a third world view on the Geneva Conventions, Bangladeshi international criminal trials, core principles of humanitarian law from an Islamic law perspective, and current challenges in enforcement and implementation of humanitarian law. The editors conclude that while the achievement of universal ratification of the Geneva Conventions is a cause for celebration, non-observance of humanitarian law persists.

The issues discussed in the book encompass matters unique to Asia and other parts of the world. The book's strength lies in exploring the role and accountability of international organizations, states, and non-state actors in effectively implementing humanitarian law in modern-day warfare. It urges stakeholders to uphold respect for this body of law. The discussions offer valuable insights into addressing contemporary challenges and propose necessary reforms, regulations, and steps to invoke the prospects of Geneva law in the future.

Readers are encouraged to pay attention to the changing dynamics that have unfolded throughout the lifespan of the Geneva Conventions and the need to adapt them effectively to achieve the intentions of their drafters. The editors' commendable attempt to provide an insightful examination of the past, present, and future applicability of the Geneva law from an Asian perspective is evident. Despite the comprehensive nature of the subject matter, the authors employ a user-friendly writing style. This anthology is certain to reach a wider audience and serve as an invaluable resource for scholars, policymakers, and anyone passionate about the role of humanitarian law in the contemporary world.

Competing interests

The author declares none.