Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAWS IN INDIA

Cite this Article

ANUSHREE BAGHDANE (2025). IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAWS IN INDIA. The Indian Journal for Research in Law and Management, Volume II(Issue 9). Retrieved from https://ijrlm.com/journal/implementation-of-international-humanitarian-laws-in-india/

Abstract

India, an original voice within the post-war international order and a committed upholder of humanitarian values, is a case study in the domestic implementation of International Humanitarian Law (IHL). With a robust architecture on paper, including enabling legislation and military doctrine, the alignment of IHL principles into coherent practice, particularly in non-international armed conflicts (NIACs) on its territory, reflects strong challenges. This paper, from the perspective of a law student struggling with theoretical inclinations and ground realities, critically examines India's experience with IHL. It examines the legislative architecture, institutional arrangements, judicial interventions, and persistent gaps in terms of basic principles like distinction, proportionality, and humane treatment. The analysis highlights the tension between security imperatives and humanitarian commitments, the impact of colonial legacies in counter-insurgency doctrine, and the need for judicial oversight. The paper argues that India possesses the foundational instruments for IHL compliance. Still, enhanced political will, doctrinal clarity, institutional strengthening, and a deeper integration of humanitarian principles into security operations are necessary in bridging the implementation gap and solidifying its commitment to the laws of armed conflict.

Journal Information

The Indian Journal for Research in Law and Management
ISSN No.
2583-9896
Submit Manuscript
Licensing
All research articles published in The Indian Journal for Research in Law and Management are fully open-access. i.e. immediately freely available to read, download, and share. Articles are published under the terms of a Creative Commons license, which permits use, distribution, and reproduction in any medium, provided the original work is properly cited.
Disclaimer
The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJRLM or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJRLM.

Article Analytics

207
Page Views
9
Downloads