Yes, India is bound by International Humanitarian Law (IHL), particularly the Geneva Conventions of 1949, which are the cornerstone of IHL. India’s Status under the Geneva Conventions: India is a State Party to all four Geneva Conventions of 1949. India ratified them on 9 November 1950. These conventions apply during armed conflicts, including international wars and conflicts involving occupation. The Four Geneva Conventions India is bound by: 1. GC I – Protection of wounded and sick soldiers on land 2. GC II – Protection of wounded, sick, and shipwrecked members of armed forces at sea 3. GC III – Treatment of prisoners of war 4. GC IV – Protection of civilians during war India has not ratified the Additional Protocols (1977): Additional Protocol I (relating to international armed conflicts) – Not ratified Additional Protocol II (relating to non-international armed conflicts) – Not ratified Additional Protocol III (2005 – emblem) – Not ratified So, India follows only the original Geneva Conventions (1949) and not the later protocols. Domestic Application: While India does not have a separate law exclusively codifying the Geneva Conventions, their principles are: Reflected in military manuals and rules of engagement Considered part of customary international law, binding even without domestic legislation Recognized by Indian courts in various decisions, particularly in matters of prisoner of war, civilian protection, and human rights in conflict zones Examples of Application: India–Pakistan wars: Both countries agreed to treat POWs as per Geneva Convention III. Kargil Conflict (1999): India observed Geneva rules regarding treatment of captured Pakistani soldiers. Terrorism and insurgency: Though not bound by Additional Protocol II, India largely respects IHL norms in internal conflicts, with exceptions. Conclusion: Yes, India is bound by international humanitarian law through the Geneva Conventions of 1949, and is expected to apply them during armed conflicts. However, India has not ratified the Additional Protocols of 1977, and does not yet have a dedicated IHL enforcement law. Despite this, the core principles of IHL are respected and followed in practice, especially by the Indian Armed Forces.

Dear Client, India is a signatory to the 1949 Geneva Conventions. 1. Ratification and Domestic Legislation: Ratification and Enactment:. Ratification of the Conventions: India signed onto the 1949 Geneva Conventions on 9th November 1950. That which saw India join these treaties also put it in agreement to the terms of the conventions that put forward to care for the well being of individuals during wartime. The Geneva Conventions Act, 1960: To this effect the Indian Parliament passed the Geneva Conventions Act of 1960. This law which outlaws what are termed as grave breaches of the Conventions which include willful killing, torture and inhuman treatment of protected persons. Also the Act sets up a framework for prosecution of any individual regardless of their national affiliation which is found to have committed these crimes in or out of India. What is put forth in this domestic law is a display of India’s commitment to the enforcement of human rights. 2. The Scope of the Conventions: What does the Conventions cover: First Convention: Includes the treatment of injured and sick military personnel. Second Convention: Protects service members who are injured or ill, or which die at sea. Third Convention: Governs the issue of prisoners of war (POWs). This is the which comes up the most in the case of conflicts. Fourth Convention: Includes protection of civilian populations which in turn is to include those in occupied territories. 3. The Additional Protocols: While India signed the 1949 Conventions it has a more complex position on the 1977 Additional Protocols. Protocol I is a framework which deals with the protection of victims in international armed conflicts. Protocol II is on the issue of protection of victims in internal conflicts. India has not signed to those Additional Protocols. In the past India put forth that it’s domestic laws and constitution are enough for these issues and that some of the Protocol’s elements may in fact be used to pass judgement on how a country handles its internal security affairs. Many of the Protocol’s ideas have in fact become what is known to be custom in international law in which India is expected to participate. I hope that these answers help you with your queries. Go ahead to ask if you have more. Thank you!