Lethal drones have been used in the last 12 years by the United States to strike targets and eliminate terrorists in Afghanistan, Pakistan, Somalia, Yemen and a few other countries. Details of how armed drones are being used, in or outside of declared wars, are closely guarded secrets by all three states known to use them. However, these drones have also been responsible for killing and injuring thousands of civilians, including women and children, besides destroying homes and property. The US and its allies have claimed that the drone strikes have been spectacularly successful-in terms of both finding and killing targeted enemies. Drones have been projected as a military necessity and their market is growing fast, especially for intelligence, surveillance and reconnaissance. The use of unmanned drones to target belligerents raises many complex issues. It is of crucial importance that traditional ethical rules and practices are applied; that rules of international law are observed even while engaging with terrorists. There are a few who justify the use of drones, but their argument is somewhat similar to the argument used for dropping atomic bombs over Japan in WWII. Lethal drones are a weapon of rich nations who have used them to attack poor, defenceless nations. This book discusses the ethical, legal and strategic issues relating to the use of drones in armed conflict.

This book provides an in-depth analysis of nine weapons and explosive remnants of war, their uses in armed conflict and their deadly impact on the environment. Besides three weapons of mass destruction (Biological, Chemical and Nuclear), it also covers controversial weapons like Depleted Uranium, White Phosphorus, Cluster Munitions, and Anti-personnel Landmines, their military applications, and the health and environmental hazard posed by them. The book offers an impartial analysis of legal regimes, and their efficacy in minimising the damage these weapons wreak on humans and the environment. It then examines the principles and rules of international humanitarian law, which could be used by the international community to ban these weapons. The book concludes by making a few recommendations addressed to international organisations, the States and military commanders with a view to reducing the damage caused by these weapons to the earth's pristine environment.

The threat of biological weapons has been worrying about the armed forces, as well as political leaders for quite some time. With the global recorded deaths from COVID-19 surpassing one million, the biotechnological revolution has heightened the fear of future weaponized pathogens. The COVID-19 virus or its variant could be the most effective weapon for future biological warfare. The indiscriminate effect of such a weapon and its power to cripple economies and devastate the lives of people may make it attractive to rogue States and non-State actors. This book provides an updated analysis of biological warfare agents, including the COVID-19 virus, biotechnological developments affecting biological agents, and the legal regime responsible for preventing the use of biological weapons.

Martial law is not a body of substantive law, but rather summary powers employed by the military commanders when the ordinary rule of law is suspended. Under the British rule, martial law was proclaimed on many occasions in different territories in India, wherein excessively harsh provisions were used to humiliate Indians. The framers of the Indian Constitution did not make any express provision about martial law under the Constitution. However, an implied reference to the possibility of imposing martial rule in India has indicated in Article 34 wherein it provides that an Act of Indemnity may be passed by the Parliament in respect of acts done under martial law. This book covers the historical perspective of martial law in India and compares it with a few other countries. The possibility of arrest and detention of an offender during martial law, the rights to the habeas corpus in such circumstances, and the power of constitutional courts to issue such a writ has been analyzed. The book examines the powers of the military commander under the Armed Forces Special Powers Act and critically evaluates whether it amounts to the de facto proclamation of martial law. The Book also analyses whether the proclamation of martial law is feasible in India in the future. This book is intended for not only those who are involved in promoting, protecting, and enforcing human rights, but also for those engaged in the security of the country. It will of relevance to parliamentarians, government officials, military authorities, judges, lawyers, and members of the civil society who have a stake in the armed forces.

Martial law is not a body of substantive law, but rather summary powers employed by the military commanders when the ordinary rule of law is suspended. Under the British rule, martial law was proclaimed on many occasions in different territories in India, wherein excessively harsh provisions were used to humiliate Indians. The framers of the Indian Constitution did not make any express provision about martial law under the Constitution. However, an implied reference to the possibility of imposing martial rule in India has indicated in Article 34 wherein it provides that an Act of Indemnity may be passed by the Parliament in respect of acts done under martial law. This book covers the historical perspective of martial law in India and compares it with a few other countries. The possibility of arrest and detention of an offender during martial law, the rights to the habeas corpus in such circumstances, and the power of constitutional courts to issue such a writ has been analyzed. The book examines the powers of the military commander under the Armed Forces Special Powers Act and critically evaluates whether it amounts to the de facto proclamation of martial law. The Book also analyses whether the proclamation of martial law is feasible in India in the future. This book is intended for not only those who are involved in promoting, protecting, and enforcing human rights, but also for those engaged in the security of the country. It will of relevance to parliamentarians, government officials, military authorities, judges, lawyers, and members of the civil society who have a stake in the armed forces.

This Handbook has been written with an aim to serve as a ready reference for the officers of the Indian Army who would like to know something about their legal rights and responsibilities. It covers important definitions, rights and privileges, conditions of service, jurisdiction, military crimes, court of inquiry, administrative action, grievance redress, summary punishments, court martial process, and jurisdiction and power of the Armed Forces Tribunal. It includes provisions contained in the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act, as they relate to the personnel of the Indian Army.

There is not much research done on the socio-legal aspects related to the Armed Forces in India. The author in this book has given detailed analysis on some of the legal issues of concern to the Armed Forces of India. The book is a compilation of the presentations made by the author at various forums including USI, academic institutions and Parliamentary Standing Committee on Defence. The author in the book has touched upon issues related to Redress of Grievances, Armed Forces Tribunal Act, Laws on Weaponry, Command Responsibility in Armed Conflict, need for a Common Code for the Armed Forces, International Criminal Court, Human Rights and Armed Forces Special Powers Act. An important issue related to the Stress Management in the Armed Forces and discussed in the Parliament has also been discussed. The recommendations based on the presentation made to the Parliament Standing Committee on Defence has also been elaborated. The book is aimed at providing useful information about our military legal system to unit officers, formation commanders. Legal professionals and public in general.

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.

As many as fifty non-state armed groups (NSAGs) in countries such as Afghanistan, Colombia, the Democratic Republic of Congo, India, Iraq, Israel, Palestine, Libya, Mali, Pakistan, the Philippines, Somalia, South Sudan, Syria, Thailand and Yemen are engaged in the recruitment and use of children in armed conflict. In Somalia, South Sudan, Syria and Yemen the situation continues to be perilous, with many hundreds of children recruited, used, killed and maimed. Children have been used by the NSAGs as executioners and suicide bombers. By an estimate, there are 300,000-350,000 child soldiers worldwide and the alarming trend continues to grow. According to the United Nations, there has been a fivefold increase in the number of children recruited in a few ongoing armed conflicts. This book gives an up-to-date and comprehensive analysis of the recruitment and use of child soldiers worldwide; and examines the (in) adequacy of international institutions and laws in protecting children. It is an invaluable resource for anyone interested or working in the field of protecting children: teachers, students, lawyers, government officials, military and police personnel, researchers and human rights activists.

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.

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.

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.