International Humanitarian Law in Indian Courts: Application, Misapplication and Non-Application

D. Jinks, J. Maogoto, S. Solomon (eds), Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies: International and Domestic Aspects, TMC Asser Press, 2014

32 Pages Posted: 20 Sep 2013

See all articles by Chintan Chandrachud

Chintan Chandrachud

Quinn Emanuel Urquhart & Sullivan LLP

Date Written: September 18, 2013

Abstract

This chapter seeks to provide an analytical snapshot of international humanitarian law in the Supreme Court and High Courts in India. The bulk of the chapter is dedicated to an analysis of the application of international humanitarian law norms in post-independence judicial decisions. The case law has been categorised into four broad themes: occupation and annexation of territory; prisoners of war; terrorism and the war on terror; and the meaning of aggression. The chapter also critically analyses cases in which Indian courts have failed to appreciate the nuances of, and thereby misapplied, international humanitarian law. Finally, a few cases where Indian courts conspicuously omitted to cite international humanitarian law, where they could have done so, are briefly discussed.

Keywords: Supreme Court of India, High Courts in India, International Humanitarian Law in India, Geneva Conventions Act, Goa Annexation, Prisoners of War

JEL Classification: K33

Suggested Citation

Chandrachud, Chintan, International Humanitarian Law in Indian Courts: Application, Misapplication and Non-Application (September 18, 2013). D. Jinks, J. Maogoto, S. Solomon (eds), Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies: International and Domestic Aspects, TMC Asser Press, 2014. Available at SSRN: https://ssrn.com/abstract=2327921

Chintan Chandrachud (Contact Author)

Quinn Emanuel Urquhart & Sullivan LLP ( email )

One Fleet Place
London, EC4M 7RA
United Kingdom
WC1V 6LJ (Fax)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
261
Abstract Views
835
rank
123,068
PlumX Metrics