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Home/BLE-036/Page 6

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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 23, 2024In: INTERNATIONAL HUMANITARIAN LAW

Explain Constitution of Indian and IHL.

Explain Constitution of Indian and IHL.

BLE-036
  1. Himanshu Kulshreshtha Elite Author
    Added an answer on May 23, 2024 at 8:32 am

    The Constitution of India is the supreme law of the country, outlining the framework for political principles, procedures, and powers of government institutions, as well as fundamental rights and duties of citizens. Adopted on January 26, 1950, it establishes India as a sovereign, socialist, secularRead more

    The Constitution of India is the supreme law of the country, outlining the framework for political principles, procedures, and powers of government institutions, as well as fundamental rights and duties of citizens. Adopted on January 26, 1950, it establishes India as a sovereign, socialist, secular, and democratic republic. The Constitution includes provisions for fundamental rights (Articles 12-35), such as the right to equality, freedom of speech, and protection from discrimination. It also enshrines the directive principles of state policy, guiding the government in creating a just society.

    International Humanitarian Law (IHL), also known as the laws of war or the law of armed conflict, is a set of rules that seek to limit the effects of armed conflict by protecting non-combatants and restricting the means and methods of warfare. Key IHL instruments include the Geneva Conventions and their Additional Protocols.

    While the Indian Constitution primarily focuses on the rights and governance within India, it also aligns with IHL principles through Article 51, which encourages the state to promote international peace and security and respect international law and treaty obligations. India's commitment to IHL is reflected in its adherence to various international treaties and conventions, integrating IHL norms into its national legal framework.

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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 23, 2024In: INTERNATIONAL HUMANITARIAN LAW

Explain Ad Hoc Tribunals.

Explain Ad Hoc Tribunals.

BLE-036
  1. Himanshu Kulshreshtha Elite Author
    Added an answer on May 23, 2024 at 8:30 am

    Ad hoc tribunals are temporary courts established to address specific issues, typically related to serious crimes like genocide, war crimes, and crimes against humanity. These tribunals are created by the United Nations or other international bodies to address conflicts that existing judicial systemRead more

    Ad hoc tribunals are temporary courts established to address specific issues, typically related to serious crimes like genocide, war crimes, and crimes against humanity. These tribunals are created by the United Nations or other international bodies to address conflicts that existing judicial systems cannot adequately handle.

    Notable examples include the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). The ICTY was established in 1993 to prosecute crimes committed during the Yugoslav Wars, while the ICTR was set up in 1994 to address the Rwandan Genocide.

    Ad hoc tribunals aim to deliver justice and accountability, contributing to peace and reconciliation in post-conflict societies. They operate under international law and focus on individual criminal responsibility. While effective in some respects, these tribunals often face criticism for being costly, slow, and influenced by political considerations.

    Despite their challenges, ad hoc tribunals have played a crucial role in the development of international criminal law and the enforcement of human rights standards, setting precedents for future international judicial mechanisms.

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