International Law

Law and Conflict

Finding humanity in a state of exceptions

Mutilation of dead bodies is a ‘clear violation’ of both customary, and treaty norms in both international armed conflict (IAC) and non-international armed conflict (NIAC). Under international criminal law, the prohibition of mutilating dead bodies in international armed conflicts is covered as a war crime.

October 15,2018

International Law

Humanity deported

The apex court refused to stop the deportation from taking place, citing that as per the Government’s statement the men had consented to being repatriated, and that Myanmar had accepted them as “citizens/nationals”. The key considerations based on which the Supreme Court refused intervention in the deportation of the Rohingya men were gravely misplaced, and raises grave concerns about its willingness to preserve basic human rights.

Human Rights

Enforced disappearances: Here, India must emulate Pakistan

International law recognises the practice of enforced disappearance as a distinct offence and States have an obligation under international law to not partake in such arbitrary deprivations of liberty and human dignity. Article 1 of the 2006 International Convention for the Protection of All Persons from Enforced Disappearance places a non–derogable prohibition against enforced disappearance. While Pakistan has taken steps, India is woefully behind in recognising enforced disappearance as a distinct offence.

The Kashmir Conversation

Why Article 35A matters

Article 35A, being the right under the Constitution to define a permanent resident, and to consequently confer upon such citizens rights related to immovable property, is intrinsically connected to both land and law in the State of Jammu and Kashmir. Tampering with it, therefore, might itself give rise to claims of self-determination propelled by forces that will inevitably manifest under any forced ‘integration’ scenario.

August 15,2018

Women's rights

Anand Grover’s speech on abortion rights in the Supreme Court of Brazil

The Brazilian Supreme Court is holding a two-day public hearing about the decriminalisation of abortion, and Senior Advocate Anand Grover was selected through an open application to speak on the subject from India. At the hearing, which took place on August 3 and is taking place today, August 6, about 50 speakers can be heard, including health, law and social science experts, as well as feminist and international human rights organizations, and religious representatives.

August 6,2018

International Law

The apartheid state of Israel

The latest ‘Basic Law’ that was enacted by the Israeli Knesset on July 19, 2018 has adverse effect on Palestinians within Israel and in the occupied territories of Palestine, contravenes even the assertions made in the Declaration of Independence by the Provisional Government of Israel on May 14, 1948. The existence of at least 65 other laws that seek to discriminate Arab Palestinians vis-à-vis their Jewish counterparts provide proof of the existence of an Apartheid system in Israel, which is well captured in the ESCWA Report of 2017.

August 6,2018

International Law

Israel's 'Basic Law' explained

Israel on July 19, 2018 adopted its Basic Law on Nationality. A salient feature of this law is that it declares Israel as the home of the Jewish people and states that the right to self determination vests exclusively with the Jewish people. In practice what this would mean is that in the event of a one state solution, the one state will have a Jewish character.

July 21,2018

International Law

Israel’s new ‘basic law’ akin to apartheid

The legislation lays down that the state shall ‘act within the Diaspora to strengthen the affinity between the state and members of the Jewish people’ and ‘views the development of Jewish settlement as a national value and will act to encourage and promote its establishment and consolidation’.

July 19,2018

International Law

The Great American Retreat

US foreign policy now is subject to domestic political interests i.e., catering to a particular voter base, rather than being one that is about a broader engagement with the global community.

June 30,2018

International Law

Bigotry boomerangs

The celebrity Indian-origin chef was called out on social media for his rank Islamophobia, resulting in the hotel JW Marriott terminating his contract.

June 13,2018

International Law

Scrounging for saving grace

While long arm of American commerce holds its global sway, New Delhi must use its clout as a responsible nuclear power to push for an amicable solution to this international crisis.

June 11,2018

International Law

Strictly by the book?

As long as legal force may only be used with the support of all the members of the UN Security Council, the application of international law to armed conflicts will always be a grey area.

May 25,2018

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