Ensuring Respect for International Humanitarian Law

Dr Eve Massingham, presented 20 November 2020. (Youtube, 27:20)

About the recording

This presentation explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of ‘respect’ for IHL, it builds on the existing literature studying the meaning of ‘ensure respect’ and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting.

Presenter biography 

Dr Eve Massingham is a Senior Research Fellow in the Law and the Future of War team at the University of Queensland School of Law. She has worked in the field of IHL for ten years with the International Red Cross and Red Crescent Movement throughout East and Southern Africa and in Australia. Eve holds a PhD from the University of Queensland and, among other qualifications, an LLM from King’s College London where she attended as a Chevening Scholar. She is an Australian qualified lawyer and has published a number of book chapters and articles on IHL. Eve has also served as an Australian Army Reserve Officer.