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
Date Written: September 18, 2013
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: Suggested Citation