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39 Hous. J. Int'l L. 489 (2017)
Smoke and Mirrors: Reconciling the Right to Health and the Right to Tobacco in Times of Armed Conflict

handle is hein.journals/hujil39 and id is 525 raw text is: SMOKE AND MIRRORS: RECONCILING THE RIGHT TO HEALTH AND THE RIGHT TO TOBACCO IN TIMES OF ARMED CONFLICT James D. Fry & Agnes Chong* I. INTRODUCTION .......................... ....... 490 II. A BRIEF HISTORY OF TOBACCO USE..... ......... 493 A. Perceived Health Benefits from Tobacco Use at the Time of Drafting the Geneva Conventions......... 494 B. Perceived Health Harms from Tobacco Use ...... 497 C. ICRC Involvement in Tobacco Usage................. 500 III. THE RIGHT TO TOBACCO IN INTERNATIONAL HUMANITARIAN LAW.... ....................... 505 A. 1929 Geneva Convention ........... ....... 505 B. Third Geneva Convention of 1949............ 510 C. Fourth Geneva Convention of 1949.................... 519 IV. THE RIGHT TO BE FREE FROM THE HARMFUL EFFECTS OF TOBACCO UNDER INTERNATIONAL HUMAN RIGHTS LAw .......................................... 524 * James Fry is an Associate Professor of Law and Director of the LL.M. Program at the University of Hong Kong Faculty of Law. Agnes Chong is a PhD Candidate at the University of Hong Kong Faculty of Law. The authors thank Anna Baka, Kenny Cheung, Claudia Kwok, Timothy Mason, Nancy Moo, and Thomas Wong for their research assistance on earlier drafts of this Article. The authors also thank John Cerone, Michael Davis, Bertrand Ramcharan, and anonymous reviewers for their encouragement and feedback on earlier drafts of this Article, as well as the participants in the 2012 IAITL Conference & 2nd International Public Law Conference in Athens, Greece, where a version of this Article was presented and helpful feedback was received. This publication has been made possible by a generous grant from the Research Grants Council of the Hong Kong Special Administrative Region, China (Project No. HKU 744310H). 489

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