Armed conflict situations and applicable International Humanitarian Law
vis-a-vis fight against racist regimes in the exercise of the right of self-determination
– a case study of Manipur
- Notes and References -

Yumnam Premananda Singh *

Notes and References:-

1. ICTY Decision on 2 October 1995, ILR 105 (1997), 419 (453), para 70
2. Juan Carlos Abella v. Argentina, Case 11.137, Report No 55/97, IACHR, OEA/Ser L/V/II.95 Doc.7 rev. at 271 (1997) para 156
3. Hamdan v. Rumsfeld, decided June 29, 2006, the US Supreme Court
4. Article 1(4), Additional Protocol I (1977)
5. ICTY, The Prosecutor v. Dusko Tadic, Judgment, IT-94-I-T, of May 1997, para. 561-568; See also ICTY, The Prosecutor v. Fatmir Limaj, Judgement, IT-03-66-T, 30 November 2005, para.84
6. The Limaj case is the authority of this legal point. The Tribunal ruled that 'the determination of the existence of an armed conflict is based solely on two criteria: the intensity of the conflict and organization of the parties, the purpose of the armed forces to engage in acts of violence or also achieve some further objective is, therefore, irrelevant' (i.e. the Serbian forces were not intended to defeat the enemy army but to carry out 'ethnic cleansing in Kosovo). ICTY, The Prosecutor v. Fatmir Limaj, Judgment, IT-03-66-T, 30 November 2005
7. Article 1(1), Additional Protocol II (1977)
8. ICJ, Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. USA), Merits, ICJ Reports 1986, para. 218
9. It expands the protection provided by common Article 3, by including prohibitions on collective punishment, acts of terrorism, rape, enforced prostitution and indecent assault, slavery and pillage. It sets out specific provisions and protections for certain categories of persons such as children, persons deprived of liberty for reasons related to the conflict, persons prosecuted for criminal offences related to the conflict, persons who are wounded, sick and shipwrecked, medical and religious personnel, and the civilian population (attacks on civilian populations, starvation as a methods of combat, and forced displacement are all prohibited).

10. While common Article 3 is of fundamental importance, it only provides a rudimentary framework of minimum standards. Additional Protocol II usefully supplements common Article 3, but it is still less detailed than the rules governing IACs in the Geneva Conventions and Additional Protocol I. Additional Protocol II contains a mere 15 substantive articles, whereas Additional Protocol I has more than 80. While numbers alone do not tell the full story, they are an indication of a significant disparity in regulation by treaty law between international and non-international armed conflicts, particularly when it comes to detail rules and definitions.

11. States are explicitly bound by the treaties to which they are party and by applicable customary law. In addition, Article 1 common to the four Geneva Conventions requires that States Parties must, in all circumstances, not only "respect", but also " ensure respect", for humanitarian law.
12. Although only States may formally ratify or become party to the various international treaties, armed groups party to a NIAC also must comply with common Article 3, customary IHL, and, where applicable, Additional Protocol II. The extensive practice of international courts and tribunal and other international bodies affirms this obligation.
13. India became a republic in 1950 with a written constitution and it held its first general elections in 1951-52
14. Elections were held on the basis of universal adult franchise in 1948 and accordingly elected a 53 member state legislature. A seven member council of ministers responsible to it then took office to begin a democratic journey to peace and development. The Maharaja of Manipur became a constitutional monarch.
15. Human Rights Special Report Manipur – 2009, HRI Publication 2009, Imphal, p.2
16. Manipur was annexed into the Dominion of India on 15 October 1949. The King signed under duress the 'Manipur Merger Agreement' on 21 September 1949. Under the Vienna Convention on Law of Treaties, 1949 the treaty is void ab initio.
17. UPR, HRC India: Manipur Persistence of Impunity in North-East Region (20 November 2007), Submitted by: CORE Centre for Organization Research and Education 18. There is about 14,000 state police, and an estimated 50,000 soldiers and paramilitary forces of India. ("These fellows must be eliminated", Human Rights Watch, New York, 2008, p. 22 as cited in "We, Widows of the Gun", Frank van Llerde, The Hague, 2011 )
19. Manipur: A Memorandum on Extrajudicial, Arbitrary or Summary Executions; Submitted by Civil Society Coalition on Human Rights in Manipur and the UN, to Christof Heyns, Special Rapporteur on extrajudicial, summary or arbitrary executions, Mission to India, 19-30 March 2012, para. 31
20. Report of the Committee to Review the Armed Forces (Special Powers) Act, 1958, Government of India, Ministry of Home Affairs, 2005
21. Naga People's Movement of Human Rights v. Union of India, AIR 1998 SC 431
22. The PIL filed by the Extrajudicial Execution Victim Families Association, Manipur; the SC asked "How can a State Government file an affidavit stating that they are killing 'us' and so we are killing 'them'. Are we in a state of war?" ("Are We in a state of war? Supreme Court tongue lashes State Govt.": The Sangai Express, November 24, 2012 )
23. "I am not waging war against the Indian government, rather I am striving to defend the 'right to self-determination' of the people of Manipur which had been forcibly annexed by the Indian government", said the chairman of proscribed UNLF, RK Meghen today in his statement submitted to the judge of special NIA court through his counsel. (the Imphal Free Press, December 17, 2010)
In September 2006, the UNFL forwarded a four point formula to start a plebiscite process for resolution of the conflict in Manipur under the supervision of United Nations. (Overview: Insurgency & Peace Efforts in Manipur, Centre for development and peace studies)
Memorandum submitted to the Secretary General United Nations and the Chairman of the Decolonization Committee (Committee of 24) for De-colonization of Manipur from India Colonialism and Alien Racist Regime, enlisting Manipur in the list of the Non-self Governing Territories of the United Nations and, Restoration of Independence and Sovereignty of Manipur; Submitted by Revolutionary People's Front (Source: http:// www.geocities.com/CapitolHill/Congress/4568/memorandum/index.html)

24. Major guerrillas groups in Manipur are United National Liberation Front (UNLF), People's Liberation Army (PLA), People's Revolutionary Party of Kangleipak (PREPAK), Kanglei Yawol Kanna Lup (KYKL), People's United Liberation Front (PULF), United Naga People's Council (UNPC), United People's Party of Kangleipak (UPPK), Kangleipak Communist Party (KCP), Manipur Naga Revolutionary Front (MNRF), Zomi Revolutionary Army (ZRA), Hmar People's Convention-Democratic (HPC-D), Kuki Liberation Army (KLA), Kuki National Army (KNA), Kuki National Front (KNF), Kuki Revolutionary Army (KRA), National Socialist Council of Nagaland – Isak Muivah (NSCN-IM), etc. There are 18 Kuki militant groups in Manipur. These Kuki militant outfits have signed Suspension of Operation (SoO) with Government of India under the banner of United People's Front (UPF) and Kuki National Organization (KNO). KNO signed a SoO with GOI in 2005 and later with the Government of Manipur in 2008. KNF signed a SoO with GOI on August 1, 2005 and later with Government of Manipur on 22 August 2008. (Source: SATP (http://www.satp.org)

25. Proscribed guerrillas operating in Manipur are KCP, KYKL, Manipur People's Liberation Army (MPLF), PLA, PREPAK, UNLF
26. Source: SATP (http://www.satp.org)
27. "We, Widows of the Gun", Frank van Llerde, The Hague, 2011
28. Sangai Express, 16 June 2003
29. Ploughshares: Armed Conflict Report: India-Northeast (1979-first combat death) Updated January 2010
30. For example, UNLF one of the oldest guerrillas group in Manipur formed in 1964 is having clear cut objective with elected leaders through a decision of its General Assembly Session with hierarchical command structure and international disciplinary mechanism. The Central Committee of UNF is the highest decision making body. Its armed wing – MPA under different district commands. A District Command is headed by a district commanders and it is further divided into units. The front's armed wing MPA has three well-trained mobile task forces – Wangbran Task Force, Siroy Task Force and Maril Task Force. The front also maintains an organizational cell, which takes up developmental and welfare measures for the people. Department of Publicity and Propaganda is the publicity wing of the front and all press releases and propaganda work is done by it. The front also has a women's wing. Other major guerrillas also have more or less same structure. (Source: http://indianarmy.nic.in/Site/FormTeplete/frmTempSimpleWithEig... )

31. How is the term "Armed Conflict" Defined in International Humanitarian Law? – International Committee of the Red Cross (ICRC) Opinion Paper, March 2008
32. It needs to be appreciated that while being deployed in 'Disturbed Areas' the Army operates in heightened hostile environment and is faced with well trained and lethally equipped terrorist outfits. These situations which are akin to war are extraordinary and require extraordinary measures to control them. (Ready to face all security challenges: Army chief; the Sangai Express, 17th January 2011)

33. Existence of armed conflict in Manipur is also acknowledged by Manipur Legislative Assembly Speaker, Th. Lokeshaw as the people of the State are into a critical situation in the face of armed conflicts…." (The Sangai Express, May 5, 2012)

34. the Chief Minister, O. Ibobi Singh as " … the state government is giving priority to solving these issues by pressuring the Centre to initiate appropriate measures to tackle the armed conflicts in the State through political means….As it has been generally known that the conflict situation/insurgency in the state is created by opposing political thoughts, one believes in the Indian Parliamentary System and other one is the groups who is Opposing it and instead wants total liberation from the Indian Parliament." (Militarization no solution to conflict in state: Ibobi; the Imphal Free Press, December 24, 2010)

35. The widespread deployment of the military creates an environment in which the exception becomes the rule, and the use of lethal force is seen as the primary response to conflict with a concomitant permissive approach in respect of the use of lethal force. This is also difficult to reconcile in the long run with India's insistence that it is not engaged in armed conflict. (Op. cit. note 19).

36. But the fact was that the 1942 demoniacal ordinance crafted by the British colonialists, among others, had expedited and facilitated the passage of Indian Independence Act, 1947. The 1958 law inherits the same powerful political potency in the NE India. Instead of containing armed conflict it aggravates the situation and lead to birth of many non-governmental armed groups in Manipur.

37. UN Commissioner for Human Rights , Navaethem Pillay; "When will AFSPA be repealed?"; The People's Chronicle, November 8, 2012
38. Op. Cite note 20, p.75
39. Op. cit. note 19
40. Sec. 6 of the AFSPA
41. Naga People's Movement of Human Rights v. Union of India, AIR 1998 SC 431
42. Human Rights groups, journalists and activists harshly criticized the judgment as a "shocking ruling".
43. Op.cit note 19
44. N.Sanajaoba; Human Rights Current Issues, Omsons Publications, 2004, New Delhi, p.170
45. N.Sanajaoba; Current Legal Essays, Akansha Publication, New Delhi, 2007, p.139
46. Justice Jeevan Reddy Commission, Second Administrative Reform Commission and recently Justice JS Verma Commission
47. Op.cit note 34

48. CHAINAROL (The Way of the Warrior); Transcribed & Rendered into modern Manipuri by Chanam Hemchandra, Lamyanba Publication, 2006, Imphal; and also CHAINAROL Way of the warrior (Edited by Irengbam Arun), 2012, Human Rights Alert, Imphal

49. An unpublished ancient manuscript in the custody of Shri Ningthoukhongjam Khelchandra Singh as cited in "The Art of Thang-Ta", L. Kokngang Singh & N. Premchand, Indian Folklife Serial No. 30, August 2008, p.17.

50. An ancient manuscript transferred into modern Manipuri language and published by the late Pundit Shri Oinam Bhogeshwor in 1986 as cited in ibid
51. http://www.satp.org/satorgtp/countries/india/states/manipur/terrorist outfits/pla.htm