School of Legal Studies

As the principal judicial organ of the United Nations, a key role of the International Court of Justice (ICJ) is to solve disputes among states. Referred to as the 'World Court', state parties often approach the ICJ in order to seek a final settlement of their disputes. The Court acts as a tool to bring the international community closer to the rule of law without being governed or controlled by the various structures of the community and in order to achieve the same, it works towards having an impartial judicial policy in order to maintain the Court's independence and to showcase its commitment towards the law and principles of the United Nations. However, over the years, questions have been raised regarding the overall effectiveness of the ICJ in terms of reaching a final settlement of disputes. The non-compliance of the Court's decision by the parties is a very big issue in this regard. Nonetheless, it must be borne in mind that the institutional structure of the ICJ is complex and the Court has to function within its limitations. The paper aims to analyze the issues related to the Court's jurisdiction as well as conformity of its decisions by the litigants in order to answer the question as to whether or not the ICJ has been able to substantially contribute to dispute resolution.

Migration is a state of life where a person or groups of persons travel from one place to another in search of livelihood. Broadly, two categories of people migrate, (1) The well offs, in search of better education, employment, favourable living conditions which suit their livelihoods; (2) The poor, who are often forced to migrate due to extreme conditions such as hunger and starvation due to poverty, lack of resources etc... The migration undertaken by the second category of people is the hardest. People are forced to migrate due to various compelling factors.

The transformation in the nature of war and of accompanying human rights violations have influenced the manner in which we think about sovereignty, non-intervention and the protection of human rights. The ongoing humanitarian crisis in Syria and the Security Council's response to it has shown that the doctrine of humanitarian intervention is heavily influenced by factors other than the substantive act of violence. Accordingly, this paper discusses the legal element, but also throws light on the factors that influence the use, or abstention from the use, of armed humanitarian intervention. Further, in light of recent crisis, this paper evaluates the argument of a 'new humanitarianism' which may prove to be useful in a better understanding of the dynamics of armed conflicts and mass atrocities.

Does the distinction between international and non-international armed conflicts still exist or has it been virtually eliminated? If there are no distinctions and same set of rules govern both international and non-international armed conflicts, will the international humanitarian law apply as the lex specialis to the exclusion of the international human rights law in all armed conflicts, whether international or non-international in character? This article addresses these issues with the help of legal instruments and case laws.

Since mid 2005, Israel has become a destination for thousands of Africans who are willing to take a long and risky journey to the country in order to escape the harsh realities of their own surroundings. However, Israel's policies towards asylum seekers have been mostly exclusionary and at times contradictory in nature which has mainly aimed at controlling and limiting entrance to its territory. Israel also does not have a proper system in place to monitor this influx. Nonetheless, once as per the authorities, a critical threshold has been crossed, asylum seekers are seen as a threat which can no longer be allowed to enter the territory. Accommodating measures have also often been rejected by citing self-preservation considerations. But despite this, the Asylum crisis in Israel is only known to few and very little is written about the meaning and significance of these developments.

Climate change is now affecting every country on every continent. It is disrupting national economies and affecting lives, costing people, communities and countries dearly today and even more tomorrow. People are experiencing the significant impacts of climate change, which include changing weather patterns, rising sea level, and more extreme weather events.

As per data published by the National Family Health Survey 2015-2016 which receives technical guidance from the Ministry of Health and Family Welfare, Government of India, 83% of married women between the ages of 15 and 49 who have suffered sexual abuse cite their current husbands as the perpetrators. The hard truth that emerges from this figure is that a large number of crimes against women in India takes place in their respective homes. The issue of marital rape in India is one example of violence against women where the victim suffers both physically and psychologically at the hands of somebody close to them. But unfortunately, marital rape is not recognised as a crime under the Indian law. The present paper focuses on examining some of the vital socio-cultural and legal reasons that play a significant role in prohibiting criminalisation of marital rape in India.

Environmental justice is a key movement and organisational rhetoric in the field of environmental politics, and both the movement and the idea have had a significant impact on the understanding of climate change and climate justice. Climate change is threatening basic human rights for poor and vulnerable people. It makes it difficult for them to realize the right to water, food, and energy, thus worsening the basic condition of life. Gains in economic development will be unsustainable unless sufficient resources are directed toward effectively reducing greenhouse gas emissions and responding to climate change. Climate justice acknowledges the development paradox that people who contributed the least to greenhouse gas emissions will be the hardest hit by the effects of climate change. Climate justice aims to promote more equal burden distribution at the local, national, and global levels through proactive regulatory efforts and reactive legal remedies based on international human rights and domestic environmental justice ideas. The Indian judiciary, which is known for its liberal approach and ability to function as a ‘lever of transformation,’ is cautiously addressing climate-related cases. Hence, this paper presents an overview of the impact of environmental justice movements and concepts on the development of climate justice rhetoric, with special reference to India.

China has been accused by the international community for placing tight constraints on the religious freedom of Uyghurs in the northwest Xinjiang Uighur Autonomous Region (XUAR). It has been widely reported that China has placed in detention over a million Uyghur Muslims in order to 're-educate' them to adapt to 'Chinese culture'. It has been alleged that China is using a system of surveillance, control, and suppression of religious activity aimed particularly at Uyghurs accusing them of actively involving in separatist activity with foreign funding in order to destabilise the region. Note that, China has also brought in polices on regulation of religious affairs that makes it difficult for a religious body or a church, mosque to exist in China without prior State approval. The policy also gives unfettered power of oversight to the government over minority religious institutions and their day to day management. In light of the above, this article examines the issue of right to freedom of religion or belief in the backdrop of China's treatment of Uyghur Muslims in the Xinjiang region. Further, this article also comments upon China's current domestic policy regulating religion and its commitment at the international level to protect and promote freedom of religion or belief of all its citizens.

Climate change mitigation and adaptation strategies should not only be concerned with providing new employment and livelihood opportunities but should also address the various structural barriers that heighten the vulnerability of the most affected individuals prohibiting them from adapting to changing climatic conditions and benefiting from policies and programmes designed to improve their climate resilience. This paper, therefore, focuses on the human rights consequences of climate induced disasters, particularly for young girls and women in the Indian context and how the inclusion of gendered vulnerabilities has often been neglected in climate change policies leaving young girls and women more vulnerable to climate change impacts. The primary objective of this paper is to highlight how climate change exacerbates pre-existing gender inequalities and also compound intersecting forms of discrimination against young girls and women belonging to poor and marginalized sections of the Indian society who are often affected disproportionately compared to men.

The practice of 'marrying' young girls of lower castes to gods and goddesses is one of the oldest cultural practices in India. This practice is called the devadasi system in which minor girls belonging to the Scheduled Castes are sexually exploited by temple priests and other high caste men in the name of religion. The term 'devadasi' is a Sanskrit word which means 'female slave of God'. The devadasi system is also seen as religious sanctioned prostitution in India. Despite the practice being abolished by various state legislations in India, there are approximately more than 48,000 devadasis in the country according to the data by the National Commission for Women in New Delhi. Per the National Human Rights Commission, the state of Andhra Pradesh alone recorded over 25,000 devadasis in 2015 with girls as young as 12 years pushed into prostitution in the nearby states of Karnataka and Maharashtra. This paper therefore aims to highlight the reasons behind this social evil (often referred to as an organised prostitution) considering the broader interconnections between law and religion.

This paper delves into the intricate relationship between men and women within the Indian societal framework, focusing on historical and sociological perspectives. Despite the universally accepted principle of gender equality, Indian society reflects a complex interplay of socioeconomic conditions, policies, practices, and cultural norms that have historically positioned women in subordinate roles. The paper provides a chronological examination of the status of Hindu women from the Vedic period (1500 BCE-500 BCE) through to the end of British rule in 1947, highlighting key aspects of their lives, including childhood, education, marriage, divorce, and property rights. The paper examines practices such as child marriage, dowry, and female infanticide, emphasizing their impact on women's societal roles and opportunities for education. Furthermore, the paper sheds light on legislative efforts made during British rule to address these issues and their limited success due to persistent societal biases. In conclusion, the paper underscores the importance of recognizing the historical and cultural dimensions of gender inequality to effectively address and dismantle the structures that sustain it.

Following the 9/11 attacks, U.S. counterterrorism efforts have gradually shifted focus from Afghanistan to regions like Pakistan, Yemen, and Somalia. The deployment of armed drones in these areas to target al-Qaeda members and their affiliates has sparked a contentious international law debate. While the U.S. drone policy claims adherence to international targeting rules, the reality of operations in remote locations has led to numerous civilian casualties. With a rising toll of civilian deaths, challenges in distinguishing between combatants and non-combatants, and concerns about accountability in drone operations, the approach taken by U.S. policymakers may have misconstrued existing laws governing hostilities. The policy lacks clarity on the applicable legal framework and necessary constraints to prevent potential misuse of drone technology, fostering a perception that the U.S. administration consistently employs armed drones without transparency or accountability. Despite extensive literature on the 9/11 attacks and scholarly discussions on U.S. drone use, the alignment between rules governing targeting under international humanitarian law and