ISSN (Online) - 2349-8846

Bharat H DesaiSubscribe to RSS - Bharat H Desai

Consular Access to Jadhav: Invoking International Law as an Instrument of State Policy

The Indian recourse to the International Court of Justice provides a glimmer of hope for Kulbhushan Jadhav, who is lodged in Pakistani custody and sentenced to death. Indian action was triggered by consistent Pakistani denial of “consular access,” a minimal courtesy extended by all civilised states to nationals of another state, when they face charges under the local law. In a way, this Indian move to the ICJ underscores the beauty and majesty of international law for peaceful settlement of disputes.

A Judge as a Philosopher

The sheer audacity of Justice P N Bhagwati’s vision, philosophical rationale and futuristic imprint of judicial activism appear to be unparalleled. It provides a beacon of hope to us that much desired changes in the Indian legal system are possible. This can happen if conscientious judges with wider horizons can marshal ideas that are duly guided by taking the Constitution as an organic beacon of hope for betterment of the society at large.

A Judge as a Philosopher

The sheer audacity of Justice P N Bhagwati’s vision, philosophical rationale and futuristic imprint of judicial activism appear to be unparalleled. It provides a beacon of hope to us that much desired changes in the Indian legal system are possible. This can happen if conscientious judges with wider horizons can marshal ideas that are duly guided by taking the Constitution as an organic beacon of hope for betterment of the society at large.

Sexual Violence in Conflict Zones

Sexual and gender-based violence in conflict zones is largely regarded as an inevitable by-product of war, random acts of a few renegades, or mere collateral damage. Though a process for concerted action against SGBV during armed conflicts has taken shape in the wake of the United Nations Security Council resolutions as well as incorporation of crimes of sexual violence in the statutes of International Criminal Court and international criminal tribunals, more needs to be done to squarely address this menace.

‘Surgical Strikes’ by India

The type of surgical action undertaken by India across the Line of Control in October 2016 in response to the terror strikes carried out by groups operating from the territory of Pakistan is neither unprecedented nor unusual in the contemporary global scenario. However, these strikes require international legal justification and have to be viewed in the context of established norms of international law. India needs to institutionalise the architecture for factoring in international law for conducting external affairs.

Healing Touch

In terms of international law and relations, how is it possible to ensure “closure” of past wrongs as sovereign states and their heads seek to tender “apology” for simmering past incidents?

SIT for Reinvestigating 1984 Anti-Sikh Riots

Providing effective justice for victims of the 1984 anti-Sikh riots has remained the biggest challenge for India’s democratic credentials and working of the criminal justice system. There has to be a “better way” to deliver post-conflict justice which is victim-centered rather than retributive.This could be in the form of Truth and Justice Commission, which can help the victims to reintegrate into society through the truth-telling process, record historical facts and pave the way for social reconciliation and enduring peace in future.

Crimean Declaration of Independence

In order to assess the legal validity of the Crimean declaration of independence from Ukraine, one should delve into intricacies of secession and the right to self-etermination under international law. The right to self-determination was initially thought to be applicable in the colonial contexts. However, in the neocolonial situations the right often collides with the territorial integrity of the sovereign states.

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