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Rights Of Civilians And Other Non-Combatants Special Emphasis On Women And Children During The War

Rights Of Civilians And Other Non-Combatants Special Emphasis On Women And Children During The War And Acts Of Armed Aggression




Subhasis Maity & Siddharth Singh, Amity Law School, Amity University, Kolkata


ABSTRACT


The purpose of this research paper is to explore and examine the status of Human Rights, and their operability during times of war and armed conflict. This study seeks to understand the jurisdiction and interpretation of various statutes and treaties in place such as the Geneva Convention, and Bill of Rights among others during times of war. The protection of law was offered to civilians and other non-combatants during the conflict, with a special emphasis on vulnerable and protected classes such as women and children. We shall also explore the extent to which escalation of the conflict is permitted and the general rules of engagement. The banned and condemned practices of taking hostages, crimes such as trafficking of refugees created due to war, commission of sexual crimes against women and children, status of prisoners of war, and the protection of civilians residing in zones of conflict. The avenue of banned weapons systems, use of nuclear weapons, biological and chemical weapons, target priority of military operations. Acts of Self-defence, and all other associated terminologies such as pre-emptive defense and anticipatory defense. Additionally, the research paper identifies the importance of a robust legal framework to safeguard human rights during times of war and armed conflict. It points out areas for improvement, particularly in regulating the actions of private military entities, and underscores the necessity for increased international cooperation to address contemporary challenges in warfare. The overall applicability of Human rights and their irrevocable status during war and armed conflict.


Keywords: armed conflict, rules of engagement, hostage, trafficking, banned weapon systems.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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