U C Jha - Böcker

The earliest completed code of the British army dates back to the 14th century when the "Statutes, Ordinances and Customs" were issued by Richard II to his Army in 1385 on the occasion of war with France. These statutes called "Articles" or "Ordinances of War" were issued under the prerogative power of the Crown. The earlier Articles were of excessive severity prescribing death or loss of limb as punishment for almost every crime. There were thousands of instances of accused native soldiers being blown from a gun on the orders of their commander. As minor punishment, an accused could be branded with hot iron for swearing. He could even be flogged in public or ordered to ride the wooden horse. This book provides an insight into the origin and development of the legal system of the Indian Army from the year 1600 to 1947 including that of the Navy and Air Force. A total of 40 statutes passed by the British Parliament and the Articles of War issued by the Crown for governing the military forces during that period have been included. This book is for military historians, military personnel, military lawyers, academics, journalists, and those with an interest or professional involvement in the subject.

A series of international human rights treaties and other instruments adopted since 1945 have conferred legal status on inherent human rights and developed the body of international human rights law. However, human rights violations are a fact of life in all countries, though to differing degrees. These violations involve all kinds of rights: civil, cultural, social, economic, and political. Access to justice is a basic human right, as well as an indispensable means of combating poverty and preventing and resolving conflict. Access to justice means much more than improving an individual's access to courts. It is about ensuring that legal and judicial outcomes are just and equitable and that systems work in practice for the poor and disadvantaged, who tend to get victimized by corrupt or indifferent officials, without having a reasonable chance to seek legal remedies for their grievances. This book contains 62 international documents dealing with human rights and the administration of justice under one cover. The chapters have been so organized as to provide easy reference based on the status of the victim.This handy reference is a must for members of the armed forces and police, legal fraternity, NGOs, human rights activists, academicians and researchers.

The legal system of the armed forces is evolving and moving towards civilianization, as the Armed Forces Tribunal completes five years of its existence. The laws governing the armed forces are of concern not just to members of the armed forces, but to every Indian. Thus, it is necessary for these laws to be understood and analysed by the legal fraternity, human rights activists, and military and government officials in the correct perspective in order to improve the system. A 'just' and 'fair' system is of great significance to the success or failure of the armed forces. This is the first attempt to deal with the laws relating to the Indian Army, Navy, Air Force and Coast Guard in one volume. The basic statutes of these forces as well as the subordinate legislations have been comprehensively analysed. Using famous cases relating to the armed forces, this book examines constitutional and statutory rights and privileges, administrative and minor punishments, step-by-step court martial process, review and revision of punishments, procedure of courts of inquiry, and the jurisdiction and functioning of the Armed Forces Tribunal.It provides an overview of the provisions of the Indian Penal Code and the Code of Criminal Procedure relating to members of the armed forces. In addition, it analyses the Criminal Court and Court Martial (Adjustment of Jurisdiction) Rules and the provisions of the Armed Forces Special Powers Act (AFSPA) in detail.

Armed conflict and military activities have serious adverse impacts on the environment. Modern weaponry, troop movements, landmines, hazardous military waste, and the destruction of forests for military use are a few sources of harm to the environment both during armed conflict and peacetime military activities. Ecological assaults in combat areas are often kept a secret by the government, resulting in even greater humanitarian and environmental harm. Environmental degradation is increasingly being recognized as one of the most significant challenges of the 21st century and its effects are being felt worldwide. Both domestic and international legislations have been inadequate in mitigating the impact of military activities. This book provides details of the environmental destruction wreaked during international and non-international armed conflicts and argues that the existing legal regime for the protection of the environment during armed conflict requires substantial modification.It puts forward the view that though it is inconceivable to impose an absolute ban on environmental damage during military operations, strengthening and clarifying the existing laws protecting the environment in times of conflict, and enforcing environment-friendly practices among military forces could go a long way in protecting natural assets of our earth.

The Armed Forces Special Powers Act (AFSPA) has become one of the most controversial laws, both in India and the world. A few NGOs and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to 'arrest' without warrant, 'destroy property' and 'shoot to kill,' besides providing them with complete immunity. The loud and continuous clamour against the Act has drawn the attention of various international organizations. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has recently called for the repeal of the law, stating: "AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped." On the other hand, the armed forces hold that the AFSPA is necessary for tackling the growing menace of militancy and protecting their men from the unnecessary harassment caused by litigation. General V K Singh, the former chief of army staff and now a cabinet minister, has emphasized that the AFSPA is a 'functional requirement' of the armed forces.This is the first book in India not only to attempt a complete analysis of the various provisions of the AFSPA, but also to provide an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated, and at the same time, argues that it is equally important to safeguard the human rights of the members of the armed forces. In order to help find an amicable solution, the author makes a few recommendations for the consideration of the government and armed forces.

Nearly 45 countries are at different stages of developing robotic weapons or lethal autonomous weapon systems (LAWS). The United States, for example, has recently test launched its robotic vessel Sea Hunter, a self-driving, 132-foot ship designed to travel thousands of miles without a single crew member on board. As reported, the vessel has the capability to detect and destroy stealth diesel-electric submarines and sea mines. However, though the militaries of the developed countries are in a race to develop LAWS to perform varied functions on the battlefield, a large section of robotic engineers, ethical analysts, and legal experts are of the firm belief that robotic weapons will never meet the standards of distinction and proportionality required by the laws of war, and therefore will be illegal. This book provides an insight into lethal autonomous weapon systems and debates whether it would be morally correct to give machines the power to decide who lives and who dies on the battlefield.

This textbook gives an up-to-date and comprehensive analysis of the law of armed conflict or international humanitarian law. The author has traced the history of the laws of war and examined their relations with human rights and refugee laws. The topics covered include protection to the victims of war: prisoners, civilians, women, children, journalists, the natural environment and cultural property. The book contains an updated account of the functioning of the International Criminal Court, and explores the concept of command responsibility, as well as the area of private military and security companies. Besides discussing the law during air and naval warfare, the author has critically examined certain challenges which humanitarian law is facing today from cyber warfare; drones, autonomous lethal weapons and nuclear weapons. This textbook is an invaluable resource for anyone interested or working in the field of international humanitarian law: teachers, students, lawyers, government officials, military and police personnel, researchers and human rights activists.

In July 2016, the Supreme Court of India held that the use of excessive or retaliatory force by the security forces is not permissible in the course of the discharge of their duty under the Armed Forces (Special Powers) Act (AFSPA), and that the Act does not allow blanket immunity to perpetrators of unjustified deaths. Recently, the Supreme Court directed that FIRs be lodged against security personnel engaged in encounter killings. This ruling has serious ramifications for the forces deployed in counter-insurgency operations. The AFSPA has become one of the most controversial laws, both in India and the world. The loud and continuous clamour against the Act has drawn the attention of various international organizations. In May 2017, the UN Human Rights Council, during the Universal Periodic Review of India’s human rights record called for bringing the provisions of the AFSPA in line with the international human rights treaties. The armed forces, however, maintain that the AFSPA is a functional requirement for tackling the growing menace of insurgency and protecting their men from the unnecessary harassment caused by litigation. On the other hand, the Delhi High Court has recently directed the Government of India to pay a compensation of Rs 55 lakh to an air force pilot who was injured while flying a poorly maintained MiG 21 aircraft. This case highlights the other side of the issue of human rights in the context of members of the armed and security forces. This book will help to enhance the understanding of the legal position of the armed forces, which is of paramount importance today due to the blurring of the lines between national security, anti-insurgency operations and law enforcement. It will also create an awareness of the difficulties being faced by the armed forces during domestic deployment and of the need to protect the rights of military and security personnel. The book provides an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated. It concludes by identifying current deficiencies in the legal system and makes a few recommendations for the consideration of the government and armed forces.

The military plays an important role in nation-building and national security. Notwithstanding special requirements of military life, the members of the armed forces should enjoy the rights guaranteed in the Constitution and other relevant international human rights treaties which India has ratified to the extent that those rights are available to other citizens of the country. The guarantee of a fair trial should apply to all proceedings under the military legal system, including summary trial and summary systems of court martial. The government must ensure the economic, social, and cultural rights of military personnel including housing, medical care, education, free legal aid and social security. Derogations of the Fundamental Rights under Article 33 should not be carried so far as to create a class of citizens who are not entitled to the benefits of the liberal interpretation of the Constitution. This book is aimed at all those who are involved in promoting, protecting, and enforcing the rights of not only the members of the armed forces, but also the other forces engaged in the security of the country. It will of relevance to parliamentarians, government officials, military authorities and members of the civil society who have a stake in the armed forces.