The Geneva Conventions Commentaries
Commentaries
The Commentaries to the Geneva Conventions are a series of scholarly texts published by the International Committee of the Red Cross (ICRC). They serve as the definitive guide for interpreting the Geneva Conventions, providing article-by-article legal analysis of the rules of war.
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While the Conventions themselves are the binding laws (treaties) signed by nations, the Commentaries are the explanatory "manuals" that help judges, military commanders, and governments understand exactly how those laws should be applied in real-world scenarios.
Overview
1. The Two Sets of Commentaries
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There are two distinct generations of these texts. The ICRC is currently in the process of replacing the original mid-20th-century versions with modern updates.3
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The Original Commentaries (1950s & 1980s)
Published shortly after the treaties were written, these were directed by Jean Pictet, a key architect of the Geneva Conventions.4 For decades, they were the standard reference for international humanitarian law.
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1952–1958: Commentaries on the four Geneva Conventions of 1949.5
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1987: Commentary on the Additional Protocols of 1977.
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The Updated Commentaries (2016–Present)
In 2011, the ICRC launched a major project to update the Commentaries to reflect decades of state practice, new technologies (e.g., cyber warfare), and modern legal interpretations.7 These updates are far more detailed and rigorous than the originals.
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Updated Commentary on the First Convention (Wounded & Sick in the Field) – Released in 2016.8
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Updated Commentary on the Second Convention (Wounded, Sick & Shipwrecked at Sea) – Released in 2017.9
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Updated Commentary on the Third Convention (Prisoners of War) – Released in 2020.10
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Updated Commentary on the Fourth Convention (Civilians) – Released in late 2024/2025.11 This is a major milestone, as it completes the updates for the four main Conventions
2. What Do They Contain?
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The Commentaries break down every single article of the Conventions.12 For each rule, they provide:
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Legal Interpretation: What specific words mean (e.g., defining "torture" or "direct participation in hostilities").
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Historical Context: Why the rule was written and what atrocities it aims to prevent.
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State Practice: How different countries have actually applied the rule in past conflicts.
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Modern Application: How the rule applies to modern issues like non-international armed conflicts (civil wars), gender issues, and new weapons technologies.13
3. Legal Significance
It is important to distinguish between the Treaties and the Commentaries:
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The Conventions (Treaties): Hard law. Legally binding on all states that have ratified them.
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The Commentaries: "Soft law" or interpretative guidance.14 They are not legally binding themselves, but they are widely regarded by international courts (like the ICC or ICJ) and governments as the most authoritative academic interpretation of the law.
Summary of Status
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Document Status of Commentary
First Convention (I) Updated (2016)
Second Convention (II) Updated (2017)
Third Convention (III) Updated (2020)
Fourth Convention (IV) Updated (2024/2025)
Additional Protocols (I & II) Original (1987) only; updates pending.
