Library Catalogue
Applicability of International Humanitarian Law Principles on Non-International Armed Conflicts with special reference to Northeast States in India: An Analysis
Anita Yadav
Applicability of International Humanitarian Law Principles on Non-International Armed Conflicts with special reference to Northeast States in India: An Analysis - Bangalore NLSIU, Bangalore 2019 - 280 p
TABLE OF CONTENTS
CERTIFICATE;
DECLARATION;
ACKNOWLEDGEMENT;
ABBREVIATION;
LIST OF CASES;
LIST OF STATUTES ;
LIST OF MAPS;
CHAPTER 1: INTRODUCTION;
1.1 Background;
1.2 Literature Review ;
1.2.1 Armed Conflicts in Northeast States in India;
1.3 Research Problem ;
1.4 Objective of the Study;
1.5 Scope and Limitation;
1.6 Hypotheses;
1.7 Research Questions;
1.8 Research Methodology;
1.9 Structure of the Thesis;
CHAPTER –2: SCOPE OF APPLICATION OF INTERNATIONAL HUMANITARIAN LAW PRINCIPLES TO NON- INTERNATIONAL ARMED CONFLICTS;
2.1 Introduction;
2.2 Changing Perception from War to Armed Conflicts;
2.3 Origin and Development of International Humanitarian Law (IHL) Principles: An Analysis;
2.4 Applicability of International Humanitarian Law (IHL) principles to Non- International Armed Conflicts before 1949;
2.5 National Liberation Wars: The Nature of the Conflicts;
2.6 Need for Classification of Armed Conflicts: International and Non- International Armed conflicts;
2.7 Reason for regulating Non-international Armed Conflicts: An Analysis ;
2.8 Law applicable to Non-International armed conflict (NIAC);
2.8.1 Treaty Law applicable on (NIAC);
2.8.2 Common Article 3 of the 1949 Geneva Convention, 1949;
2.8.3 The1977 Additional Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts;
2.8.4 Material Criteria for determining the existence of NIAC;
2.9 Relationship between Common Article 3 and Additional Protocol II of the Geneva Convention;
2.10 India's Stand with regard to Additional Protocols 1977 Geneva Convention, 1949;
2.11 India should consider signing of Additional Protocols 1977 Geneva Convention, 1949;
2.12 Customary rules applicable on NIAC;
2.13 Jurisprudence on NIAC developed by International Criminal Tribunals and Courts;
2.13.1 The International Criminal Tribunal for the former Yugoslavia (ICTY) 1993;
2.13.2 The International Criminal Tribunal for Rwanda (ICTR), 1994;
2.13.3 Rome Statute of the International Criminal Court, 1998;
2.13.3.1 India and International Criminal Court;
2.13.4 The Special Court for Sierra Leone (SCSL) 2002;
2.14 Application of International Human Rights Principles to Non- International Armed Conflicts;
2.14.1 lex specialis approach to reconciling human rights law and humanitarian law in internal armed conflicts.;
2.15 Reconciling the Common Article 3 and Additional Protocol II with the relevant provisions of Human Rights Law ;
2.15.1 Common Article 3 and Human Rights Law;
2.15.2 Article 2 (1) ICCPR;
2.15.3 ICCPR -Article 9 (1);
2.16 Non- derogable Human Rights Law;
2.17 Human Rights Law and Additional Protocol II of the Geneva Convention;
2.18 The Role of Regional Human Rights Court in development of International Humanitarian Law principles during Internal Conflicts;
2.18.1 The Inter-American Court of Human Rights;
2.18.2 The African Court on Human and Peoples' Rights;
2.18.3 The European Court of Human Rights;
2.19 Other Treaties law applicable to NIAC;
2.19.1 List of International Humanitarian Law Treaties ratified/acceded by Indian Government
2.20 Analysis and Findings;
CHAPTER 3: HISTORICAL EVOLUTION OF ARMED CONFLICTS IN NORTHEAST STATES: AN OVERVIEW;
3.1 Objective of the Chapter;
3.2 Introduction;
3.3 Northeast: An Overview;
3.3.1 Geography;
3.4 Pre-independence Situation of Northeast;
3.4.1 Policies adopted by the British;
3.5 Post-independence Situation of Northeast;
3.6 An Overview of the Northeast Insurgency;
3.7 Historical Background: Manipur Conflict;
3.8 Ethnic Conflicts in Manipur: An Overview;
3.9 Naga and Kuki Insurgency;
3.10 Post independence: Demad for Nagalism (Greater Nagaland);
3.11 Meitei Insurgency;
3.12 Overview of Major Militant/Insurgent Groups in the Manipur;
3.12.1 Insurgent outfits active in Manipur as on 24/12/2017;
3.13 Major Insurgent Group Profile;
3.13.1 The Manipur Naga Revolutionary Front (MNRF);
3.13.2 The Kangleipak Communist Party (KCP);
3.13.3 Kanglei Yawol Kanna Lup (KYKL);
3.13.4 The People's Revolutionary Party of Kangleipak (PREPAK) ;
3.13.5 The United National Liberation Front (UNLF);
3.13.6 People’s Liberation Army (PLA);
3.13.7 People's United Liberation Front (PULF);
3.13.8 National Socialist Council of Nagaland;
3.13.9 Zeliangrong United Front (ZUF);
3.14 An Overview of Assam;
3.15 The Issue of Immigration in Assam;
3.16 Migration before British Period;
3.17 Migration during British Period: An Analysis;
3.18 Migration in Post-independence era;
3.18.1 Impact of Migration;
3.19 Overview of Insurgency in Assam;
13.19.1 Bodo Insurgency;
13.19.2 Peace Accord and its Breakdown;
3.20 Major Insurgent group in Assam;
13.20.1 National Democratic Front of Bodoland (NDFB);
13.20.2 United Liberation front of Assam (ULFA);
13.20.3 Kabri People’s Liberation Tiger (KPLT);
13.20.4 Kamtapur Liberation Organisation (KLO);
13.21 Secessionist Movement in Northeast States India;
13.22 India’s Stand for Secessionist demand in Northeast States;
13.23 State’s Response to tackle the illegal Migration in Assam;
3.24 State Responses to Internal Armed Conflicts;
3.25 Peace Efforts: Government’s Initiative to handle Insurgency;
3.26 Analysis and Findings;
CHAPTER 4: THE ROLE OF INDIAN JUDICIARY IN APPLICATION AND INTERPRETATION OF THE INTERNATIONAL HUMANITARIAN LAW (IHL) PRINCIPLES IN DOMESTIC MATTERS;
4.1 Introduction;
4.2 Transformation of International Law into the Muncipal law : An Analysis;
4.3 Indian Constitution and International Law;
4.4 Obligations to Respect International Law under Indian Constitution;
4.5 Treaty Making Power under Indian Constitution;
4.6 Judge Made Law;
4.6.1 Public Interest Litigation (PIL): An Indian Judiciary;
4.7 Indian Judiciary Approach on Relationship between International Law and Municipal Law:;
4.8 Application of International Humanitarian Law (IHL) by Domestic Court;
4.8.1 Indian Court Interpretation about the War;
4.8.2 Scope of Geneva Conventions Act, 1960;
4.8.3 Interpretation of External Aggression;
4.8.4 Principle of 'non-refoulement’;
4.8.5 Prisoners of War;
4.9 Non Application of IHL Principles by Indian Court;
4.10 Analysis and Findings;
CHAPTER 5: LAWS APPLICABLE TO THE CONFLICT SITUATIONS IN INDIA;
5.1 Objective of the Chapter;
5.2 Background;
5.3 Institutional Set-Up of India’s National Security Mechanism;
5.4 Distribution of Powers among the Union;
5.5 Emergency Provisions: Relationship among Centre and States;
5.6 Failure of Constitutional Machinery in a State;
5.7 Need of President's Rule in Conflicts Area;
5.8 President's Rule in Manipur and Assam;
5.9 Emergency Legislations/Laws In India: An Analysis;
5.10 The Unlawful Activities (Prevention) Act 1967 ;
5.11 The Geneva Conventions Act, 1960: An Analysis;
5.11.1 The Provisions of the Act;
5.12 Criminal Procedure Code (CrPC), 1973 and the use of Armed Forces;
5.13 The Armed Forces (Special Powers) Act 1958 in Assam and Manipur: An Analysis;
5.14 The Provisions of The Armed Forces (Special Powers) Act, 1958;
5.15 Indian Judiciary and The Armed Forces (Special Powers) Act, (AFSPA);
5.16 Pros and Cons of The Armed Forces (Special Powers) Act: An Analysis;
5.17 Review of AFSPA by Jeevan Reddy Commission;
5.18 Current Status of AFSPA in Manipur and Assam;
5.19 Principles of International Humanitarian Law and Indian Constitution ;
5.20 Pattern of Government Response to Internal Conflicts;
5.21 Analysis and Findings;
CHAPTER 6: STATE SOVEREIGNTY AND REGIONAL AUTONOMY OF NORTHEAST STATES IN INDIA;
6.1 Objective of the Chapter;
6.2 Meaning of Sovereignty;
6.3 Historical Development of the Sovereignty;
6.4 Traditional Understanding of sovereignty;
6.4.1 Jean Bodin ( 1529—1596);
6.4.2 Thomas Hobbes (1588-1679);
6.4.3 John Austin (1790-1859);
6.5 The Pluralistic Theory of Sovereignty;
6.6 Types of Sovereignty;
6.6.1 External and Internal Sovereignty;
6.7 Popular Theory of Sovereignty;
6.8 Changing Concept of Sovereignty;
6.9 Indian Federalism and Regional Autonomy;
6.10 Northeast’s Autonomy under Constitutional Framework;
6.10.1 Special Constitutional Provisions for North Eastern States under Article 371;
6.10.2 Special Provision for Assam;
6.10.3 Special Provision for Manipur;
6.11 Democracy and Federalism Satisfying the Urge of Regional Autonomy in Northeast States in India:;
6.12 Analysis and Findings;
CHAPTER 7: SUMMARY AND CONCLUSION;
7.1 Objective;
7.2 Key Findings;
7.2.1 Scope of International Humanitarian Law Principles in Non-International Armed Conflicts;
7.2.2 Applicability of Common Article 3 of the four Geneva Conventions to Northeast Situations;
7.2.3 Applicability of Additional Protocol II (1977) of the Geneva Conventions to Northeast Situations;
7.2.4 Northeast India and Regional Autonomy;
7.2.5 Armed Forces (Special Powers) Act (AFSPA), 1958;
7.2.6 Judicial Interpretation of International Humanitarian Law Principles;
7.3 Suggestions;
Bibliography:
Primary Sources;
Acts/Statutes;
Treaties and Conventions;
UN Documents;
Secondary Sources;
Books;
Articles;
Reports;
Websites.
Geneva conventions
International humanitarian law
Non-international armed conflicts
Regional autonomy
Applicability of International Humanitarian Law Principles on Non-International Armed Conflicts with special reference to Northeast States in India: An Analysis - Bangalore NLSIU, Bangalore 2019 - 280 p
TABLE OF CONTENTS
CERTIFICATE;
DECLARATION;
ACKNOWLEDGEMENT;
ABBREVIATION;
LIST OF CASES;
LIST OF STATUTES ;
LIST OF MAPS;
CHAPTER 1: INTRODUCTION;
1.1 Background;
1.2 Literature Review ;
1.2.1 Armed Conflicts in Northeast States in India;
1.3 Research Problem ;
1.4 Objective of the Study;
1.5 Scope and Limitation;
1.6 Hypotheses;
1.7 Research Questions;
1.8 Research Methodology;
1.9 Structure of the Thesis;
CHAPTER –2: SCOPE OF APPLICATION OF INTERNATIONAL HUMANITARIAN LAW PRINCIPLES TO NON- INTERNATIONAL ARMED CONFLICTS;
2.1 Introduction;
2.2 Changing Perception from War to Armed Conflicts;
2.3 Origin and Development of International Humanitarian Law (IHL) Principles: An Analysis;
2.4 Applicability of International Humanitarian Law (IHL) principles to Non- International Armed Conflicts before 1949;
2.5 National Liberation Wars: The Nature of the Conflicts;
2.6 Need for Classification of Armed Conflicts: International and Non- International Armed conflicts;
2.7 Reason for regulating Non-international Armed Conflicts: An Analysis ;
2.8 Law applicable to Non-International armed conflict (NIAC);
2.8.1 Treaty Law applicable on (NIAC);
2.8.2 Common Article 3 of the 1949 Geneva Convention, 1949;
2.8.3 The1977 Additional Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts;
2.8.4 Material Criteria for determining the existence of NIAC;
2.9 Relationship between Common Article 3 and Additional Protocol II of the Geneva Convention;
2.10 India's Stand with regard to Additional Protocols 1977 Geneva Convention, 1949;
2.11 India should consider signing of Additional Protocols 1977 Geneva Convention, 1949;
2.12 Customary rules applicable on NIAC;
2.13 Jurisprudence on NIAC developed by International Criminal Tribunals and Courts;
2.13.1 The International Criminal Tribunal for the former Yugoslavia (ICTY) 1993;
2.13.2 The International Criminal Tribunal for Rwanda (ICTR), 1994;
2.13.3 Rome Statute of the International Criminal Court, 1998;
2.13.3.1 India and International Criminal Court;
2.13.4 The Special Court for Sierra Leone (SCSL) 2002;
2.14 Application of International Human Rights Principles to Non- International Armed Conflicts;
2.14.1 lex specialis approach to reconciling human rights law and humanitarian law in internal armed conflicts.;
2.15 Reconciling the Common Article 3 and Additional Protocol II with the relevant provisions of Human Rights Law ;
2.15.1 Common Article 3 and Human Rights Law;
2.15.2 Article 2 (1) ICCPR;
2.15.3 ICCPR -Article 9 (1);
2.16 Non- derogable Human Rights Law;
2.17 Human Rights Law and Additional Protocol II of the Geneva Convention;
2.18 The Role of Regional Human Rights Court in development of International Humanitarian Law principles during Internal Conflicts;
2.18.1 The Inter-American Court of Human Rights;
2.18.2 The African Court on Human and Peoples' Rights;
2.18.3 The European Court of Human Rights;
2.19 Other Treaties law applicable to NIAC;
2.19.1 List of International Humanitarian Law Treaties ratified/acceded by Indian Government
2.20 Analysis and Findings;
CHAPTER 3: HISTORICAL EVOLUTION OF ARMED CONFLICTS IN NORTHEAST STATES: AN OVERVIEW;
3.1 Objective of the Chapter;
3.2 Introduction;
3.3 Northeast: An Overview;
3.3.1 Geography;
3.4 Pre-independence Situation of Northeast;
3.4.1 Policies adopted by the British;
3.5 Post-independence Situation of Northeast;
3.6 An Overview of the Northeast Insurgency;
3.7 Historical Background: Manipur Conflict;
3.8 Ethnic Conflicts in Manipur: An Overview;
3.9 Naga and Kuki Insurgency;
3.10 Post independence: Demad for Nagalism (Greater Nagaland);
3.11 Meitei Insurgency;
3.12 Overview of Major Militant/Insurgent Groups in the Manipur;
3.12.1 Insurgent outfits active in Manipur as on 24/12/2017;
3.13 Major Insurgent Group Profile;
3.13.1 The Manipur Naga Revolutionary Front (MNRF);
3.13.2 The Kangleipak Communist Party (KCP);
3.13.3 Kanglei Yawol Kanna Lup (KYKL);
3.13.4 The People's Revolutionary Party of Kangleipak (PREPAK) ;
3.13.5 The United National Liberation Front (UNLF);
3.13.6 People’s Liberation Army (PLA);
3.13.7 People's United Liberation Front (PULF);
3.13.8 National Socialist Council of Nagaland;
3.13.9 Zeliangrong United Front (ZUF);
3.14 An Overview of Assam;
3.15 The Issue of Immigration in Assam;
3.16 Migration before British Period;
3.17 Migration during British Period: An Analysis;
3.18 Migration in Post-independence era;
3.18.1 Impact of Migration;
3.19 Overview of Insurgency in Assam;
13.19.1 Bodo Insurgency;
13.19.2 Peace Accord and its Breakdown;
3.20 Major Insurgent group in Assam;
13.20.1 National Democratic Front of Bodoland (NDFB);
13.20.2 United Liberation front of Assam (ULFA);
13.20.3 Kabri People’s Liberation Tiger (KPLT);
13.20.4 Kamtapur Liberation Organisation (KLO);
13.21 Secessionist Movement in Northeast States India;
13.22 India’s Stand for Secessionist demand in Northeast States;
13.23 State’s Response to tackle the illegal Migration in Assam;
3.24 State Responses to Internal Armed Conflicts;
3.25 Peace Efforts: Government’s Initiative to handle Insurgency;
3.26 Analysis and Findings;
CHAPTER 4: THE ROLE OF INDIAN JUDICIARY IN APPLICATION AND INTERPRETATION OF THE INTERNATIONAL HUMANITARIAN LAW (IHL) PRINCIPLES IN DOMESTIC MATTERS;
4.1 Introduction;
4.2 Transformation of International Law into the Muncipal law : An Analysis;
4.3 Indian Constitution and International Law;
4.4 Obligations to Respect International Law under Indian Constitution;
4.5 Treaty Making Power under Indian Constitution;
4.6 Judge Made Law;
4.6.1 Public Interest Litigation (PIL): An Indian Judiciary;
4.7 Indian Judiciary Approach on Relationship between International Law and Municipal Law:;
4.8 Application of International Humanitarian Law (IHL) by Domestic Court;
4.8.1 Indian Court Interpretation about the War;
4.8.2 Scope of Geneva Conventions Act, 1960;
4.8.3 Interpretation of External Aggression;
4.8.4 Principle of 'non-refoulement’;
4.8.5 Prisoners of War;
4.9 Non Application of IHL Principles by Indian Court;
4.10 Analysis and Findings;
CHAPTER 5: LAWS APPLICABLE TO THE CONFLICT SITUATIONS IN INDIA;
5.1 Objective of the Chapter;
5.2 Background;
5.3 Institutional Set-Up of India’s National Security Mechanism;
5.4 Distribution of Powers among the Union;
5.5 Emergency Provisions: Relationship among Centre and States;
5.6 Failure of Constitutional Machinery in a State;
5.7 Need of President's Rule in Conflicts Area;
5.8 President's Rule in Manipur and Assam;
5.9 Emergency Legislations/Laws In India: An Analysis;
5.10 The Unlawful Activities (Prevention) Act 1967 ;
5.11 The Geneva Conventions Act, 1960: An Analysis;
5.11.1 The Provisions of the Act;
5.12 Criminal Procedure Code (CrPC), 1973 and the use of Armed Forces;
5.13 The Armed Forces (Special Powers) Act 1958 in Assam and Manipur: An Analysis;
5.14 The Provisions of The Armed Forces (Special Powers) Act, 1958;
5.15 Indian Judiciary and The Armed Forces (Special Powers) Act, (AFSPA);
5.16 Pros and Cons of The Armed Forces (Special Powers) Act: An Analysis;
5.17 Review of AFSPA by Jeevan Reddy Commission;
5.18 Current Status of AFSPA in Manipur and Assam;
5.19 Principles of International Humanitarian Law and Indian Constitution ;
5.20 Pattern of Government Response to Internal Conflicts;
5.21 Analysis and Findings;
CHAPTER 6: STATE SOVEREIGNTY AND REGIONAL AUTONOMY OF NORTHEAST STATES IN INDIA;
6.1 Objective of the Chapter;
6.2 Meaning of Sovereignty;
6.3 Historical Development of the Sovereignty;
6.4 Traditional Understanding of sovereignty;
6.4.1 Jean Bodin ( 1529—1596);
6.4.2 Thomas Hobbes (1588-1679);
6.4.3 John Austin (1790-1859);
6.5 The Pluralistic Theory of Sovereignty;
6.6 Types of Sovereignty;
6.6.1 External and Internal Sovereignty;
6.7 Popular Theory of Sovereignty;
6.8 Changing Concept of Sovereignty;
6.9 Indian Federalism and Regional Autonomy;
6.10 Northeast’s Autonomy under Constitutional Framework;
6.10.1 Special Constitutional Provisions for North Eastern States under Article 371;
6.10.2 Special Provision for Assam;
6.10.3 Special Provision for Manipur;
6.11 Democracy and Federalism Satisfying the Urge of Regional Autonomy in Northeast States in India:;
6.12 Analysis and Findings;
CHAPTER 7: SUMMARY AND CONCLUSION;
7.1 Objective;
7.2 Key Findings;
7.2.1 Scope of International Humanitarian Law Principles in Non-International Armed Conflicts;
7.2.2 Applicability of Common Article 3 of the four Geneva Conventions to Northeast Situations;
7.2.3 Applicability of Additional Protocol II (1977) of the Geneva Conventions to Northeast Situations;
7.2.4 Northeast India and Regional Autonomy;
7.2.5 Armed Forces (Special Powers) Act (AFSPA), 1958;
7.2.6 Judicial Interpretation of International Humanitarian Law Principles;
7.3 Suggestions;
Bibliography:
Primary Sources;
Acts/Statutes;
Treaties and Conventions;
UN Documents;
Secondary Sources;
Books;
Articles;
Reports;
Websites.
Geneva conventions
International humanitarian law
Non-international armed conflicts
Regional autonomy