Humanitarian Law and Implementation by Nation States

Ms Christine, Dr Pankaj. Mr Jeremy  and  honourable  delegates

Indian Society of International Law was established  by first Prime Minister of India,Pandit Jawaharlal  Nehru  as the visionary of India he felt that the International law will encompass  entire world even though domestic law is occupying the Sovereign Nations. He said the Young generation should be part of developing International Law. The first President of Indian society of International Law, New Delhi was Shri Krishna Menon , then Defence Minister of India. Subsequently Mr Nagendra singh who later became the President of International Court of Justice ,The Hague. The ISIL is having warm relationship for the past many decades on Humanitarian Law development by working with the partnership of ICRC.

Geneva convention, Additional Protocols ratifications create hope to the victims and civilians due to armed conflict since these Protocols are amongst the most widely ratified or acceded to international instruments, with 174 States Parties to AP I and 168 to AP II. As such – together with the Geneva Conventions – they form IHL’s foundations and are cornerstones for the protection and respect of human dignity in armed conflict. The universal ratification of these instruments is an important step to improve the protection of persons affected by armed conflicts worldwide.

This conference is able to sensitize on progress of universalization of Certain Conventional Weapon( CCW ) international instruments (all five CCW treaty) particularly debated on importance of Amended Protocol II as amended in 1996 that extends it’s application in non international armed conflict.

Due to the various experience in the various parts of World the Additional Protocal has been formulated. After the Vietnam war where disaster of human tragedy brought out Protocal’s to help the humanity .During discussion, some states representatives believe that more is needed on ensuring more national reports on CCW. Concerns were raised that some states are yet to submit their reports in last five and six years.

The conference also discussed on progress on regulation of Improvised Explosive Devices (IEDs) and took note on Declaration on IEDs. In the discussion, It is highlighted to create consensus among states on more reliance on provisions related to “exchange of information” and “international Co operation” to achieve better regulation of IEDs.

Progress in consensus to achieve regulation of autonomous weapon system was also discussed.

The Convention on Conventional Weapons (CCW) is an important international instrument, and should remain so , for the foreseeable future. It should continue to be relevant in protecting civilian populations from the effects of armed conflict. Indeed, it should be expanded, most notably by negotiation and adoption of a new protocol addressing the humanitarian problems caused by cluster munitions.

Post-conflict remedial measures are more thoroughly covered in both Protocol V on explosive remnants of war and in the Mine Ban Treaty.There are 151 States Parties to the Mine Ban Treaty, including 76 of the 86 States Parties to Amended Protocol II. Thus, for antipersonnel mines, Amended Protocol II is only relevant for ten countries.

As the Chairman of Parliamentary standing Committee for Personnel, Public Grievances ,Law and Justice we recommended to the Government of India to create separate department for International Law and another department of  International law Obligations and Implementation should be under the direct control of Prime Minister. This is the need of the day as the International Treaties,Conventions , resolutions of conferences, Bilateral and Multilateral agreements are to be implemented for the benefit of humanity. I request you all to give pressure to your various governments on the implementations of the International Treaties, Conventions and agreements. In this way let us all work together in development and implementation of International Law.

Dr E M Sudarsana Natchiappan MA.,ML(USA),PhD

President Indian Society of International Law,New Delhi

Former Union Minister  of State for Commerce and Industry

Sr Lawyer Supreme Court of India

3F, White House, 10 Bhagwan Das road,

New. Delhi 110001