Relevance of IHL in armed conflict situation in

Relevance of IHL in armed conflict situation in India: the question of rehabilitation as a form of reparation Babloo Loitongbam

International Humanitarian Law or Law of Armed Conflict • THE LAW OF ARMED CONFLICT IS: The body of international law that regulates behaviour during armed conflict (jus in bello) • THE LAW OF ARMED CONFLICT IS NOT: The body of international law that regulates when it is lawful to be involved in an armed conflict (jus ad bellum)

War International Humanitarian Law Peace Human Rights Law State of Emergency under Article 352 Human Rights Normal Law and Order N O N D E R O G A B L E R I G H T V I O L A N C E Four Geneva Conventions & AP - I Additional Protocol – II Common Article - 3

IHL in India • Signatory to 4 Geneva Conventions of 1949 • Not a signatory of Additional Protocols of 1977 • Geneva Convention Act of India, 1960 (restrictive) • Armed Forces Special Powers Act, 1958 imposed but “No Armed Conflict” in India

IHL & Armed Non-State Actor Discourse amongst ANSA on IHL principles – Declaration to abide by Common Art. 3 of RPF/PLA, 1997 – Recovery of the indigenous IHL traditions like Chainarol – Signing of “Deeds of Commitment” on Mines, Sexual Violence and Child Soldier of the Geneva Call by KNO/KNA, ZORO, HPC(D), NSCN(IM), NSCN(KK), KNF, CNF etc.

Manipur People’s Army attacking T Minnou post of Indian Armed Froces (source: e-pao. net)

Photographs of injured Indian soldiers

Military Operation in Manipur 1988 Operation Blue Bird 1993 Operation Sunny Vale 2005 Operation Loktak 2005 Operation Tornado 2006 Operation Dragnet 2006 Operation Khengjoi 2006 Operation Somtal I 2008 Operation Somtal II 2009 Operation Summer Storm

ANSA killed during Operation Summer Storm

Toll of Armed Conflict in Manipur (1980 -2010) “ANSA” killed by state Civilians killed by ANSA Armed Forces killed by ANSA -2106 -2405 -1218 Source: Ministry of Home Affairs, Go. I & Home Department, Go. M Civilians killed by Armed Forces Source: Human Rights Alert - 1497

500 Widow Every Year

Extra-Judicial Execution Victim Families Association, Manipur

EEVFAM with UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions

UN Human Rights Council “In the Special Rapporteur’s view, the powers granted under AFSPA are in reality broader than that allowable under a state of emergency as the right to life may effectively be suspended under the Act and the safeguards applicable in a state of emergency are absent. ”

EEVFAM moves Supreme Court appoints Commission examine 6 cases … though the Act gives sweeping powers to the security forces even to the extent of killing a suspect with protection against prosecution, etc. , the Act does not provide any protection to the citizens against possible misuse of these extraordinary.

New Hope on the Horizon