Relevance of IHL in armed conflict situation in India : the question of rehabilitation as a form of reparation Babloo Loitongbam.

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Presentation transcript:

Relevance of IHL in armed conflict situation in India : the question of rehabilitation as a form of reparation Babloo Loitongbam

International Humanitarian Law or Law of Armed Conflict THE LAW OF ARMED CONFLICT IS: The body of international law that regulates behaviour during armed conflict (jus in bello) THE LAW OF ARMED CONFLICT IS NOT: The body of international law that regulates when it is lawful to be involved in an armed conflict (jus ad bellum)

Peace Human Rights Law War International Humanitarian Law VIOLANCEVIOLANCE Human Rights Normal Law and Order State of Emergency under Article 352 Common Article - 3 Additional Protocol – II Four Geneva Conventions & AP - I NONDEROGABLERIGHTNONDEROGABLERIGHT

IHL in India Signatory to 4 Geneva Conventions of 1949 Not a signatory of Additional Protocols of 1977 Geneva Convention Act of India, 1960 (restrictive) Armed Forces Special Powers Act, 1958 imposed but “No Armed Conflict” in India

Discourse amongst ANSA on IHL principles – Declaration to abide by Common Art. 3 of RPF/PLA, 1997 – Recovery of the indigenous IHL traditions like Chainarol – Signing of “Deeds of Commitment” on Mines, Sexual Violence and Child Soldier of the Geneva Call by KNO/KNA, ZORO, HPC(D), NSCN(IM), NSCN(KK), KNF, CNF etc. IHL & Armed Non-State Actor

Manipur People’s Army attacking T Minnou post of Indian Armed Froces (source: e-pao.net)

Photographs of injured Indian soldiers

Military Operation in Manipur 1988 Operation Blue Bird 1993 Operation Sunny Vale 2005 Operation Loktak 2005 Operation Tornado 2006 Operation Dragnet 2006 Operation Khengjoi 2006 Operation Somtal I 2008 Operation Somtal II 2009 Operation Summer Storm

ANSA killed during Operation Summer Storm

Toll of Armed Conflict in Manipur ( ) “ANSA” killed by state-2106 Civilians killed by ANSA-2405 Armed Forces killed by ANSA-1218 Source: Ministry of Home Affairs, GoI & Home Department, GoM Civilians killed by Armed Forces Source: Human Rights Alert

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