Groningen Journal of International Law

International Law Under Construction


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Calling Out Collective Punishments in the Context of the Kashmir Situation (Part II)

Read the first part of this post here

Ishita Chakrabarty | ishita.chakrabarty24@gmail.com

India’s Violation of Customary IHL Principles

The Armed Forces (Special Powers) Acts (AFSPA) and the Public Safety Act introduced the obligation of the prosecutor to obtain prior sanction from the Union Government before initiating prosecution against the police and the paramilitary forces. Various charges have been leveled against officials, ranging from the commission of extra-judicial executions to deliberate torture, the killing of detainees in custody and reprisal killing of civilians. In some cases, the State Police even refused to register the charges. For instance, in 2017, the video of a civilian tied to an army jeep showed the Government’s animosity towards its own citizens. The civilian was being used as a human shield to avert incidents of stone pelting. Continue reading