Author Archives: Garima Tiwari

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March 15, 2020

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Human Rights, International Law, United Nations

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COVID-19: A primer on Human Rights and International Health Regulations

Dr. Garima Tiwari

Picture Credits: Ontario Human Rights Commission 

The outbreak of coronavirus ( COVID-19)  first detected in December 2019 in Wuhan, China has created a worldwide scare and has highlighted the global vulnerability to all nations alike.  It has been declared as a “ public health emergency of international concern”. With the propensity of the disease to spread rapidly, ad-hoc emergency measures are being taken and laws and policies are being implemented relating to health measures, isolations, and travel bans. This pandemic clearly raises concerns regarding the viability of the international legal instruments in place to cater to such situations. Human rights concerns like the right to health, liberty, privacy, and freedom of movement all have come to test. Continue reading →

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June 11, 2018

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IHL, International Law

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Artificial Intelligence and International Humanitarian Law

Author: Dr. Garima Tiwari

Artificial intelligence has led to an emerging need for regulation of weaponry that is now being developed for deployment in conflict zones. This post will raise and re-iterate the issues relating to the International Humanitarian Law and Artificial Intelligence. Continue reading →

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August 31, 2015

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Human Rights, International Law, National Criminal Law, Sentencing, Victims Rights

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Rape as a Crime versus Rape as a Punishment: What is going on in India?

Written By Garima Tiwari

Indian village council orders sisters to be raped and paraded naked after their brother elopes with married woman.[i]

This recent news and few other similar incidents evoke a number of sentiments. Of course, it is an illegal order with no statutory backing, yet it is an order of the “members of the society” or as are called “Kangaroo Courts” . And it raises pertinent issues about the perception of women in India within a complex web of Caste, Culture, Religion and a family –community system still very patriarchal. While the Nirbhaya Delhi Gang rape case is still sore and the Government’s “security regime” -in place, headlines of “sentencing to rape”, create a mismatch in legal and societal standards. This post loosely  puts forth ideas on how the simple formula of merely punishing the offender does not even look like a step forward in acknowledging the deep seated problem in a complex society like India. Continue reading →

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September 29, 2014

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International Criminal Court, Rome Statute

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Israeli-Palestinian Conflict: Civilians And The Rome Statute

Written by Garima Tiwari

 

More than 2,000 Palestinians were killed in the 50-day conflict in July and August, about 70 percent of them civilians, according to the U.N. Seventy-one Israeli soldiers and civilians were killed in combat and in rocket and mortar strikes. [i]The chief Palestinian Authority negotiator, Saeb Erekat, claimed that 96 percent of Gazans killed in the summer’s Israel-Hamas conflict were civilians, reiterated PA President Mahmoud Abbas’s charge of Israeli “genocide,” and accused Israel of seeking to impose apartheid on the Palestinians.[ii] Continue reading →

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December 31, 2013

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Human Rights, International Law

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LGBT Rights: Colonisation and International Human Rights Standards

Written by Garima Tiwari

While 18 countries, home to more than 10 percent of the world’s population, now recognize same-sex marriage, 77 countries still outlaw sodomy.[i]  In seven of these countries, same-sex acts are punishable by death! Just recently, the Supreme Court of India reinstated a sodomy law recriminalizing same-sex relationships in a country home to 1.2 billion people. [ii] Max Fisher says that, “That’s more than the combined populations of the next 20 most-populous countries where same-sex acts are criminalized. If we assume that rates of homosexuality are consistent worldwide, then the number of gay men and women who can be jailed for their sexuality may well have just doubled.”[iii] Continue reading →