When War Reaches the Sea, Who Protects Civilian Sailors?

Dr. Garima Tiwari, Associate Professor of Law, National Law University Delhi

Himani Jha, Research Associate, National Law University Delhi

Over the past two months, a series of attacks on commercial vessels in and around the Strait of Hormuz has killed and injured Indian seafarers, forced crews to abandon ships, and repeatedly disrupted one of the world’s most important shipping routes. The vessels involved, from MT Marivex, MT Settebello and MT Jalveer to GFS Galaxy, MT Al Bahiyah and MT Mombasa, were different; so were the circumstances and also the parties alleged to be responsible. What connects them is the growing exposure of civilian seafarers to a conflict in which they have no part. Among these was the attack on MT Settebello, in which three Indian seafarers were reportedly killed in June. While U.S. officials have maintained that the vessel failed to comply with instructions issued during blockade operations, the ship’s operators dispute that account, leaving the precise circumstances of the strike unresolved. Beyond endangering seafarers, disruptions in the Strait threaten the movement of energy supplies and other essential cargo. These developments raise a broader question: what protections does international law provide to civilian mariners caught amid expanding hostilities at sea?

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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

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

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

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