International Humanitarian Law


Amity University, Lucknow, Uttar Pradesh

Humanity has been the observant of various conflicts occurring within itself and so, has the International Humanitarian Law. This has become a quite considerable domain for observation, when it is to be tested how the wake of an ultimate digital revolution leading to the evolution of cyber age, social media and cybersecurity laws have lead to discover a newer set of legal institutions, which keep the equality of the sovereigns, which are inept with the cyber realm in the International Community. Liability and responsibility shifts us to consider how the IHL may turn out to be either a Public International Law or a Private International Law or a bridge between them for every human and statutory instrument, when both of the concepts become more applied and real in their presence. Pursuant to the Geneva and Hague Conventions, the cyber realm needs a more attention to regulate and identify the reachable aspect of IHL, which in the end represents individualism and representation. This inquires to discover a wider manifestation of the realm of phasing and representation-oriented privacy in the budding global cyber community, but has been so far quite limited, which must be dealt with a wider application in the IHL. The paper thus elucidates the various implications of cyber crises and revolution in various countries with a critical analysis of how these contingencies are going to change the fate and face of International Humanitarian Law with special references to various legal instruments and incidents in the cyber world.

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Posted by Suvid Chaturvedi in Number 4, Volume 3
Nuclear Disarmament | An overview of Customary International Law

Nuclear Disarmament | An overview of Customary International Law

Dr. Gazal Gupta
Former Assistant Professor, Lovely Professional University, Punjab

International law consists of not only treaties but some other imported sources as well. Among the sources of international law, enumerated by Article 38, of the Charter of the International Court of Justice, are international customs, the general principles of law recognized by civilized nations, judicial decisions, and the opinions of outstanding jurists, all of which strongly establish the illegality of nuclear weaponry. The absence of a specific treaty banning the use or manufacture of nuclear weapons means that only one of the sources of international law is absent. All the other – international customs, general principles of law recognized by civilized nations, judicial decisions and juristic writing- can strongly be invoked. The advent of the nuclear bomb and the manufacture of nuclear weaponry in several countries have not displaced this principle. There is also a strong body of international declarations, which, although they do not have the force of law in themselves, yet strongly indicate the sense of the international community on this issue and reinforce the contention that such a principle now forms part of customary international law.

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Posted by Suvid Chaturvedi in Vol. 2 Number 3, Volume 2, 0 comments