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“If it ain’t broke, don’t fix it”: the ICRC’s approach to Common Article 3 in its updated Commentary

The updated ICRC Commentary on the Fourth Geneva Convention (GC IV) includes a number of important updates to its treatment of Common Article 3 (CA3). These relate primarily to three areas: the treatment of coalitions in non-international armed conflict (NIAC); the provision of support by one party to another; and questions of gender and the treatment of other marginalized groups. In this post – part of a joint blog symposium on the updated GC IV Commentary with EJIL: Talk! and Just Security – Associate Professor Katharine Fortin examines these developments, highlighting their significance and strengths while also pointing to areas that may warrant further reflection or study.

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