india legal-research laws-of-war indian-penal-code indian-constitutional-law
is it necessary for India to have a war crimes act to prosecute war criminals in India too?
<p>Many EU nations have a war crimes act in their countries to prosecute e g. Germany and the UK.</p>
<p><a href="https://en.wikipedia.org/wiki/War_Crimes_Act_1991" rel="nofollow noreferrer">war crime act 1991</a>
<a href="https://blog.ipleaders.in/laws-related-war-crimes-india-world/" rel="nofollow noreferrer">war crime act in india</a></p>
<blockquote>
<p>Section 120A and 120B of IPC,1860 says that when two or more people
commit a conspiracy to do an illegal act. Section 300 of IPC, 1860
defines murder and section-302  have the provision of imprisonment for
life or death sentence. Section 436 IPC, 1860 states that any person
who tries to destroy or destroys the property such as house or
religious place shall be punished with imprisonment for life. Section
153A IPC, 1860  penalises any person who promotes enmity between
different groups on ground of religion, race, place of birth,
residence, language, etc., and acts prejudicial to maintenance of
harmony. It can be done by writing, oral words, gestures or any visual
representation. Section 295 IPC, 1860 penalises any person who
destroys, damages or difiles any religious place with the intention of
insulting the religion. In 2005, the government introduced “The
Communal Violence (Prevention, Control and Rehabilitation of Victims)
Bill, 2005. Unfortunately it is still a bill and the government is not
willing to make it an act. The major problem in this bill is that
according to this bill only the majority can be punished for war
crimes and it assumes that only the religion which is in majority can
cause riots. According to the riots explained above proves that any
religion or any section of the society can cause riots. This bill must
be amended and made religion neutral.</p>
</blockquote>
<blockquote>
<p>Suffering of Indians was ignored by the world for a couple of
centuries but what is not acceptable is Indian government is doing the
same. India ratified the Genocide Convention on 27 August, 1959 but
still there is no concrete law on genocide in India. Indian
legislators say that the current laws have all the necessary laws
required to deal with the genocide but history proves otherwise.</p>
<p>The Bill “The Communal Violence (Prevention, Control and
Rehabilitation ofVictims) Bill, 2005, which was introduced in 2005 is
still pending in the parliament. The bill has all what is required to
deal with the problem of genocide and communal violence. Only change
required is to make it religion neutral.</p>
</blockquote>
<p>mostly these are focused on genocides committed based on religions but not war crime committed on the cross border conflicts</p>
<p>is there any war crimes act that India also implements apart from the mentioned one? Or is it just necessary only for NATO or western countries only?</p>

<p>One approach taken by many countries to address the moral hazards that such a law will be abused for political purposes is to become a party to a multi-national treaty that administers the war crimes system for its member countries, such as the <a href="https://www.icc-cpi.int/" rel="nofollow noreferrer">International Criminal Court</a>, and to adopt domestic legislation implementing the treaty.</p>
<p>But, this is by no means the only possible way to deal with this issue.</p>
