The main challenge in IHL is the effective implementation on the ground during Armed Conflict. This presentation talks about the same.

1. SOME CONTEMPORARY
CHALLENGES IN IHL

2. PRESENTATION BY
Major General Nilendra Kumar
President,
Akhil Bhartiya Vidhi
Pradhaypak Sangam

3.  Main Challenge is effective
implementation on the ground during
Armed Conflicts.

4. AN UNLIMITED ARMS RACE
 It has led to the development of
arsenals with weapon systems based
on latest technology.

5. EXTRA-EUROPEAN
ATTITUDES
 Major roles by European Powers in
drafting.
 Experiences & case studies were
allied powers.
 Paucity of expertise & competence by
others. Hence they had little option but
to be a party.

6.  Zone of armed conflicts have shifted
to Asia, Africa & South America. Their
social, economic, political scene is
different so are methods of warfare
and their consequences

7.  There is a general lack of public
understanding of IHL.

8.  Non inclusion of the crime of
aggression in the crimes over which
the ICC exercises jurisdictions. The
States have to formally amend the
Rome Statute to add a definition of the
crime.

9. INHERENT LEGAL
CHALLENGE
 IHL applies to armed conflicts and
situations not very conductive to the
respect of rules.

10.  Like all of International Law IHL is
threatened by ignorance and
manipulation

11.  The challenges of ‘under-
classification’ and ‘Over- classification’

12.  IHL applies in an international society
of states not willing to uphold the rule
of International Law

13.  Increasing involvement of private
companies in Armed Conflicts.

14.  Absence of self- regulation
mechanism, and its or certifications
have to be developed.

15.  The duty owed to the dead under the
IHL is somewhat subjective. What sort
of conduct constitutes disrespect?

16.  IHL does not address the causes or
origins of a particular war, only the
method by which it is fought. So it is
entirely possible for aggressor to
stage a war for conquest in
accordance with the Geneva
Conventions or for a defender to
commit war crimes in a legitimate war
of self-defence.

17. MINIMIZING HUMAN
SUFFERING IN CONFLICT
Five Suggested rules
 Promote policies and practices to
strengthen adherence to IHL
 Deepening understanding and
acceptance of existing rules of war.
 Measures to enable humanitarian aid
and medical facilities
 Carrots and sticks to boost
complaince
 Accountability

18.  There is no formal definition of the
term ‘Humanitarian intervention’
except the fundamental premise that
outside powers have the rights and
perhaps, under some circumstances,
the duty to intervene to protect people
in other countries who are being
victimized, even if what is taking place
is a conflict within a State.

19.  In international law, the tug of war
between State sovereignty and the
obligation of other countries to
maintain internal peace and security
continues to rage.

20.  According to some, humanitarian war
is an oxymoron, so why do we keep
doing it ?

21. ANY QUESTIONS?

22. CONCLUSION
 Faithful application of IHL where it
applies, without manipulation,
ensuring that as few causes as
possible cannot be fought for while
respecting IHL and reducing the
credibility gap will bring greater
respect for IHL.

23. THANK YOU

24. @ COPYRIGHT
Major General
Nilendra Kumar