Non-Refoulement between 'Common Article 1' and 'Common Article 3'

This article considers whether, in the context of armed conflicts, certain non-refoulement obligations of non-belligerent States can be derived from the 1949 Geneva Conventions. According to Common Article 1 (CA1) thereof, all High Contracting Parties (HCPs) undertake to ‘respect and to ensure respect’ for the four conventions ‘in all circumstances’. It is contended that CA1 applies both in international armed conflicts (IACs) and in non-international armed conflicts (NIACs). In turn, it is suggested that Common Article 3 (CA3) which regulates conduct in NIACs serves as a ‘minimum yardstick’ also applicable in IACs. It is widely (though not uniformly) acknowledged that the undertaking to ‘ensure respect’ in a given armed conflict extends to HCPs that are not parties to it; nevertheless, the precise scope of this undertaking is subject to scholarly debate. This article concerns situations where, in the course of an (international or non-international) armed conflict, persons ’taking no active part in hostilities’ flee from States where violations of CA3 are (likely to be) occurring to a non-belligerent State. Based on the undertaking in CA1, the central claim of this article is that, as long as risk of exposure to these violations persists, persons should not be refouled notwithstanding possible assessment of whether they qualify as refugees based on the 1951 Refugee Convention definition, or could be eligible for complementary or subsidiary forms of protection that are regulated in regional arrangements. The analysis does not affect the explicit protection from refoulement that the Fourth Geneva Convention accords to ‘protected persons’ (as defined in Article 4 thereof). It is submitted that CA1 should be read in tandem with other obligations of non-belligerent States under the 1949 Geneva Conventions. Most pertinently, all HCPs are required to take specific measures to repress ‘grave breaches’ and to take measures necessary for the suppression of all acts contrary to the 1949 Geneva Conventions other than the grave breaches. A HCP that is capable of protecting displaced persons from exposure to risks of violations of CA3 and nonetheless refoules them to face such risks is arguably failing to take lawful measures at its disposal in order to suppress acts contrary to the conventions and, consequently, fails to ‘ensure respect’ for the conventions. KEYWORDS Non-refoulement; International Armed Conflict; Non-International Armed Conflict; Common Article 1; Common Article 3

New legal texts from the Hermeneumata Pseudodositheana

Several previously unnoticed texts concerning ancient lawcourts can be found in the Colloquia of the Hermeneumata Pseudodositheana, a set of bilingual dialogues composed for language learners during the Roman empire. The texts describe court cases, both criminal and civil; their writers probably taught in law schools between the second and fourth centuries ad. Editions, translations, and summary information about these texts are provided.

Entre histoire et fiction: la représentation du règne d'Arthur dans le manuscrit enluminé du Brut en prose, Londres, Lambeth Palace 6 (c. 1480)

The manuscript London, Lambeth Palace 6, contains the Middle English prose Brut, a text which benefited from a great popularity throughout the fifteenth century. It was copied by an English scribe and richly illuminated by the Master of Edward IV and his assistants at Bruges around 1480. This article studies the representation and integration of the reign of Arthur in the historical framework of the Brut or Chronicles of England, including its fictional aspects: Arthur emerges as a historical character but also as a chivalric and mythical figure. The analysis covers the miniatures ranging from the plot leading to the conception of Arthur to the end of his reign (fols. 36-66). The textual and iconographic choices of the prose Bruts are highlighted by comparisons with Geoffrey of Monmouth’s Historia Regum Britanniae, Wace’s Brut, and later prose rewritings in the Lancelot-Grail romance cycle, especially Merlin and its Vulgate Sequel. They show the continuous interest raised by Arthur in the aristocratic and royal circles of late fifteenth century England and the relationship be¬tween continental and insular historiographical, literary and artistic traditions.

Military targeting in the context of self-defence actions

In order to bring conceptual clarity to a particular dimension of the relationship between the jus ad bellum and the jus in bello regimes, this article explores the independent sources of a military targeting rule in both branches of international law. The aim is not to displace the jus in bello as the ‘lead’ regime on how targeting decisions must be made, or to undermine the traditional separation between these regimes. Rather, conceptual light is shed on a sometimes assumed but generally neglected dimension of the jus ad bellum’s necessity and proportionality criteria that may, in limited circumstances, have significance for our understanding of human protection during war, by covering possible gaps in the jus in bello targeting rules.