AUTHOR: S. ROSHINI SRI, SASTRA DEEMED UNIVERSITY, THANJAVUR, TAMILNADU.

We invoke criminal law when a crime occurs and property law when an issue occurs over property and Constitutional law when there is an ambiguity in the legislation. When war is all around us, have you ever wondered why international law is invoked when war breaks out????? The answer to this is that the law is not that effective and this question “does this law and convention matters?” has been answered by many.

War is the occurrence of a continuous, organised and collective violence that occurs between two states or within a state (civil war) affecting their relations between those states and their related ones. And such war is governed by a certain convention and law called the IHL (international humanitarian law). The current ostensible version of IHL is the Geneva convention which was drafted in 1949 (not for the first time) as a solution to halt the dread of another world war. But this has not been very effective in preventing wars and war crimes.

The laws of war only apply in specific situations, notably during an armed conflict or an occupation. This body of law also governs occupation when a state has effective control, without consent, of a territory over which it has no sovereign title, such as the Israeli occupation of Palestinian territory. Regardless of how many claims it makes about annexation, under IHL the occupying state does not acquire sovereignty over the occupied territory. The occupying power must ensure the humane treatment of the population and provide for their basic needs, including food and medical care.

As per Article 48 of protocol additional to the Geneva conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts,

                           “The Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.”

The Geneva Conventions and their Additional Protocols protect sick, wounded and shipwrecked people not taking part in hostilities, prisoners of war and other detainees, civilians and those who are called Protected Persons.

As per Article 51, 

                        “The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.”

As per article 3 of Geneva convention relative to the protection of civilian persons in time of war of 12 august 1949 the following are prohibited, 

1. violence to life and person not only for civilians but also war prisoners. 

2. taking hostages; etc.  

Likewise, Medical vehicles shall be respected and protected in the same way as mobile medical units under the Conventions and this Protocol.

According to article 55, 

                “Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.”

According to Article 49 of Geneva 4^th convention,

            “Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.”

       As I have already said war is all around us and never once those have really complied with the International Laws. And the following are the case studies,

            ISRAEL:   Israel has failed to abide by the international humanitarian law in the Gaza conflict and that it has carried out indiscriminate attacks on civilian areas, including hospitals such as Kamal Adwan and shelters for displaced persons. Israel imposed prolonged blockade in the northern Gaza by which it has violated article 51 and 55 of Geneva convention by the imposition of prolonged blockade in the northern Gaza because it is obligated to protect the civilians of the country it is occupying. Besides, Israel’s de facto annexation by continued occupation of the West Bank, including East Jerusalem, and the expansion of settlements in these territories is illegal under international law. Annexation by force is strictly prohibited and such annexation have resulted in infringement of the Palestinian people's right to self-determination. The International Court of Justice had already declared Israel’s policies to be in violation of the International Convention on the Elimination of All Forms of Racial Discrimination and has ordered full reimbursements for the damage caused by the Israels. 

        RUSSIA: Russia had invaded Ukraine fully and that it had constantly flouted international law by use of force under Articles 2(3) and 2(4) of the UN Charter and thus, committing crime of aggression. It has also committed war crimes and crimes against humanity. “Investigations by the UN Commission of Inquiry have documented deliberate attacks on civilians, hospitals, schools, and critical infrastructure, as well as mass killings, torture, sexual violence, systematic enforced disappearances, and a “no-prisoners” policy in occupied territories.” It has also been found that Russians have unlawfully deported and have abducted nearly 10,000 children into Russia which is actually a clear violation of the Geneva Conventions and the Rome Statute. ICC also have issued arrest warrants for President Putin and other Russian officials for their crimes. Moreover, Netherlands and Germany intelligence have found out that there is a widespread use of banned chemical weapons, including chloropicrin and tear gas agents in combat operations violating the Chemical Weapons Convention. The invasion of Russia into Ukraine has also been called a crime of aggression under international criminal law.

The international laws are continuously getting violated despite the efforts taken by the United Nations to strengthen them. The primary concern is the lack of proper legal measures and mechanisms to monitor and ensure the compliance of the nation-states with IHL. Secondly, the political interest in the international community and among the members of the United Nations Security Council is also a major reason for its  weakness.  The effectiveness of the actions taken by the security council to maintain global peace is largely undermined by the veto power held by its five permanent members the United States, China, Russia, France, and the United Kingdom who can stall any action taken by the UN security council. 

Thirdly, orders passed by the ICC are not completely enforceable and are limited. Since the ICC have jurisdiction over the countries that have ratified the Rome Statute and the countries which have not signed get excluded, thereby weakening the credibility and universality of international law. 

Fourthly, there is notable evolution in warfare because the IHL have recognised wars between states but nowadays conflicts involve non-state actors also such as rebel groups and terrorist organisations and it makes it difficult to enforce and apply.

Moreover, the principle of sovereignty often acts as a significant barrier to accountability and many governments are reluctant to permit external intervention which makes it difficult to enforce IHL.

        To conclude, international laws are often violated due to political interests, weak enforcement mechanisms, and structural limitations. Powerful nations frequently bypass accountability, undermining the very purpose of these laws. The selective enforcement and jurisdictional gaps further weaken their impact. Modern conflicts involving non-state actors also fall outside traditional legal frameworks. For international law to be effective, equal accountability and unbiased enforcement are essential. Only then can it truly uphold justice and global peace.

• Compensation to Ukraine Is a Basic Condition for Justice," Interfax-Ukraine (Dec. 2024), https://en.interfax.com.ua/news/blog/916784.html. 

•  UN Human Rights Council Special Procedures, Israel’s Assault on the Foundations of International Law Must Have Consequences: UN Experts (Dec. 30, 2024), https://www.un.org/unispal/document/un-expert-press-release-30dec24/

• War, Practical Guide to Humanitarian Law, https://guide-humanitarian law.org/content/article/3/collective-punishments (last visited July 19, 2025).