This document discusses the significance and current challenges of international humanitarian law (IHL). It notes that IHL provides important protections for civilians and the wounded in armed conflicts. However, there are ongoing challenges including the blurring lines between civilians and combatants, ensuring effective implementation on the ground during conflicts, and the increasing role of private security companies. The document also outlines efforts to update IHL commentary and publications, challenges in training and education, and the need for improved dissemination and compliance with IHL.

1. SIGNIFICANCE AND
CURRENT CHALLANGES

3.  Only law providing protection to the injured,
unarmed and civilians in armed conflicts.
 Its relevance is borne out by its wide
acceptance, i.e. 196 state parties to the U.N.

4. A. Blurring lines between the civilians and
combatants.
B. Recent judgments in IHL for
strengthening its enforcement and
implementation.
C. Challenges and prospects of
Humanitarian Organizations.

5.  Completion of work relating to updated
commentary of the GC III.
Hard copy is likely to be available by Feb,
2021.

6.  Handbook of International Humanitarian law,
4th edition by Oxford University Press likely
to be released in Feb 2021.
Edited by Prof Dieter Fleck

8. The effective implementation
on the ground during armed
conflicts.

9. Increasing involvement of
private security companies in
armed conflicts.

10. Artificial
Intelligence
Drone

12. Instruments of acceptance
Transparency
Dissemination

13. 1. Additional Protocol- I, 1977
2. Additional Protocol-I Declaration Art 90
3. Additional Protocol- II, 1977
4. Additional Protocol- III, 2005
5. CPED- International Convention for the
Protection of All Persons from Enforced
Disappearance, 2006
6. ICC Statue- Rome Statute of the
International Criminal Court, 1998

14. 7. Protection of Cultural Property in
the event of Armed Conflict- Hague
Protocol, 1999
8. AP Mine Ban Convention 1997
9. Cluster Munitions Convention, 2008
10. ATT-Arms Trade Treaty, 2013
11. TPNW-Treaty on Prohibition of
Nuclear Weapons, 2017

15.  Within the armed forces
At the universities

16. There is a general lack of public
understanding of IHL.
Armed forces are yet to accord
attention to prepare relevant
literature and introduce steps for
realistic training.

17. Country
1. Canada
2. China
3. Nepal
4. Sri Lanka
5. UK
6. US
Number of Publications
10
2
1
2
10
18

18.  Law of War Manual
 POW Handling Manual
 Hand Book
 Manual on Detainee Operations
 Soldier’s Guide
 Military Manual
 Year Book

19. Technical assistance can be offered by the
ICRC for preparation of commentaries and
hand books in simple text in Hindi and
other languages.

20.  Handling of POW in 1971 Indo Pak
 Bangladeshi immigrants prior to 1971 war.

21. A. 1962 Sino Indian War
B. 1965 Indo Pak conflict
C. 1971 Indo Pak War
D. IPKF Operations
E. Kargil War

22. Consequently there is total void of
IHL jurisprudence in India.

23. 1.Lack of a standard curriculum
2.Dearth of standard literature
to teach
3.Shortage of suitable faculty

24. IHL concerns protection and humanitarian
relief during war. Hence it is not to be viewed
as a tool of diplomacy. It should be a matter
within the domain of MOD rather than the
MEA.

25. The state, defence forces and the academia
have all to take a lead in increased
dissemination and compliance of IHL.