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
- Part 3 -

Yumnam Premananda Singh *

Arms surrendered when UPPK signs MoU with Indian Govt and Manipur Govt at Imphal on May 24 2013 :: Pix - David Mayum

III
Some Cases fragrant violation of IHL

(i.e. grave breach of Geneva Conventions of 1949, Genocide, Crimes against humanity, War Crimes, Serious violations of article 3 common to the four Geneva Conventions of 1949 and others serious violations of laws and customs of war)

o 1528 cases extrajudicial execution including 33 women and 98 children by governmental armed forces since January 1979 till May 2012. (documented by CSCHR & UN)

o 44 cases of torture (documented by HRLN, Manipur)

o 1133 cases of illegal detention and arrest by the governmental armed forces during January 2008 to December 2008 and 1119 from January 2009 to December 2009 (HRI, Human Rights Special Report: Manipur-2009)

o 190 and 142 cases of number of people killed by the unidentified persons and non-state actors during January 2008 to December 2008 and January 2009 to December 2009. (Source: Ibid)

o 16 cases of enforced disappearances from 1980 to 1999. (Source: Ibid)

o 12 cases of Massacres that resulted 110 dead including Malom Killing of 2000, RMC Hospital Killing of 1996, Tera Bazar Killing of 1993, Oinam Village, Senapati Killing of 1987 and Heirangoithong Killing of 1984. (Source: Ibid)

o 10 cases of rape Th. Manarama (Bamon Kampu) of 2001, Ningthoujam ongbi Ahanjoubi (Takyenthongbal) of 1996, and Miss Rose (Ngaprum Khullen, Ukhrul) of 1974. (Source: Ibid)

o Displacement of about 50 villagers from Barak circle (which comprised of eight villages) who were forced to flee fearing persecution by the security forces during "Operation Tornado" launched on 27 October 2005. Several houses were reportedly damaged in the operation. A team of MHRC visited the displaced camping at a relief camp at a town hall in Jiribam district. (Source: The Telegraph, 1 November 2005)

o Wilful killing of thousands of civilians who are not taking direct part in hostilities by both parties to the conflict.

o Recruitment of child soldiers by non-governmental forces. (Source: Child Soldier Global Report 2008)

o 79 non-local who are not taking direct part in hostilities were killed by non-governmental forces and 26 were injured during 2001 to 2011 (Source: SATP)

o During 2000- 2012 (till Feb.1), bomb explosions mostly in civilian areas claimed 104 lives and 532 injured mostly civilians by parties to the conflict. (Source: Ibid)

o Death of a civilian identified as Jaikalung in an encounter that took place between a combined force of suspected ZUF, NSCK-K on one side and NSCN-IM cadres on the other at Tamenglong district headquarters on 2nd October 2012.

o raping of two girl students in the night of Oct 5, 2012 by cadres of the Zeliangrong United Front (ZUF) at Khoupum area of Tamenglong district.

o In 1990s ethnic cauldron where more than 900 'innocent Kukis including children, pregnant women, aged persons were slaughtered' by the NSCN –IM cadres and their collaborators. In a single day on September 13, 1993 altogether 104 Kukis were killed. Around 360 villages were also uprooted and around one lakh Kukis were displaced in the 1990s 'ethnic cleansing' by the NSCN –IM.

o NSCN troops had killed 9 AR personnel and inflicted injury to three personnel on July 9, 1987 at the AR Post near Oinam Village in Senapati district. Post the attack, the AR personnel launched the operation and had allegedly burnt down over a hundred houses, six schools and 10 Churches in the thirty Naga villages. Properties worth of 50, 75,000 were allegedly destroyed from seven villages. Three women were reportedly raped, five women allegedly molested and around 300 persons were tortured by the AR apart from killing 27 persons at different locations on different occasions in Senapati district. Oinam carnage of July 9, 1987 - SDC N Surendra who collected hard evidence of the Indian military personnel's atrocities at Oinam was picked up allegedly by Assam Rifles from the road and killed but his corpse was never found. (The Sangai Express; Scars of Operation Blue Bird at Oinam village: 25 years down the line, justice still awaited, July 11, 2012)

o In February 2009, Kasom Khulle SDO Dr ThingnamKishan and his two subordinate staff – Token and Rajen were abducted by NSCN-IM from Urkhrul and they were murdered and abandoned in the most savage manner at Lukhrabi Thong, Senapati District.

o Fact encounter case of three armed militant viz. Laishram Nobin, N. Ingocha and I. Rosan by 23 Assam Rifles near Chadong Tangkhul village under Litan police station in Urkhrul district on 9th May 2012. It was alleged that Gobi along with two were handed over to one Major Hauman, post commander of 23 AR posted at Nongdam Kukikhul, along with arms for surrendering to the Government of Manipur by his father, but they were killed in a fake encounter and their dead bodies deposited at the morgue of Regional Medical Institute of Medical Science (RIMS).

o Two persons, including the State Secretary of Zeliangrong Students'' Unio, Manipur (ZSUM) Chunthuigai Kamei have been shot dead by alleged NSCN-IM at Tamenglong district area on 16th August 2012. Both died on the spot when a group of NSCN-IM with sophisticated weapons opened fire while they were inside a house. In 24 Mile near Longkao (Nungkao) village, under Tousem police station.

o In Manipur, counter-insurgency operations by the Indian Army against local groups along the border with Burma (Myanmar), as well as ethnic clashes, have resulted in the displacement of at least 6000 people from the Hmar and Paite ethnic groups like IDPs elsewhere in the NE, they are also reported to live in deplorable conditions, lacking food, medicines, warm clothes and other essential commodities. (Source: Monika Menedal; Internal Displacement in India: Status, Condition & Prospects of Return, Refugee Watch, 33, June 2009,p.36)

o August 20, 2006: Two civilians are killed, while four others sustained injuries when a group of ZRA cadres opened fire towards a crowded church targeting a patrol party of the AR at Vengnuom in the Churachandpur district. (Source:SATP)

o The incident of molestation of more than 20 women allegedly by the UNLF and KCP militants at Parbung and Lungthulie under Tipaimukh sub-division in the Churachandpur district in January 2006. (Ibid)

Conclusion

Only way to mitigate the effects of the armed conflict in any part of the world including Manipur is to apply by both parties in hostilities the relevant provisions of IHL. GOI is no option but to repeal racial, discriminatory and genocidal legislation like AFSPA so that GOI may show its face to the world at least that the government is not racist and may also a strong point in support of them that those fighting going on is not against racist regime in the exercise of Manipuris' right of self-determination, as enshrined in the Charter of the United Nations and Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations and thereby denying granting of Prisoners of War status to guerrillas fighting for independence.

Manipur has been the tradition of implementing IHL through ages. In the historic past, when Manipur was still under the division of many principalities like Meitei, Moirang, Khuman, Heireng Khungja, Khendre, Chaireng, etc., there was a strong tradition of organizing bouts of mutual fights among the individuals or chiefs. There is a very old manuscript written in Meitei script called Chainarol.[48] The manuscript chronicles records of seventeen such bouts of mutual fight and all the fundamental principles of IHL were found in it. Saturol Lanturol Sapharol Lanpharol,[49] an ancient manuscript of the Meiteis, elaborates the rules and laws of a warrior had to follow when he is in a combative situation.

Valiant heroes and warriors of the past who had successfully fought many battles and captured or killed ferocious wild animals were strict disciplinarians who followed the traditional laws and codes of conduct without any breach. Another ancient manuscript called Takhel Ngamba[50] details the kinds of foes who should not be killed although fallen at the hands of victor. It records that a foe who has fled from the battlefield or who has disarmed himself should not be killed. A foe who has taken refuge on the top of a tree or who has dipped and taken refuge under water shall not be killed. Further, a foe who pleads for life biting a handful of grass or one who pleads with folded hands shall not be killed. Again, one who is stripped of his clothes or one who is apparently scared of confrontation shall not be killed.

In the present context also, one armed non-governmental organization engaged in the conflict with the Indian government, the Revolutionary People's Front (RPF) and its armed wing the People's Liberation Army (PLA) voluntarily declared to abide by the Common Article 3 of the Geneva Conventions in 1997. [51]

So, in compliance to the mandate of the Constitution of India, the Government of India (GOI), being a party to the Geneva Conventions should recognize the existence of armed conflicts in Manipur to facilitate implementation and enforcement of IHL effectively with a view to mitigating the consequences of armed conflicts and punish the perpetrators of IHL in Manipur. In this regard, the existing stand of the GOI requires revolutionary reversal and all the guerrillas should also comply the rules and customs of war.

Moreover, whatever happening in Manipur particularly military massacres, cold-blooded murdered both by governmental and non-governmental forces, torture is due to the non-declaration of a situation of armed conflict else commander and individual will be responsible for their very responsible for their criminal act under IHL and automatically will deterrent effect.

IHL is the only way available to ferret out workable device to put an end to impunity for grave breach of Geneva Conventions including Common Article 3 so that those persons whether belongs to armed forces of GOI or non-governmental forces must be personally liable and also accrue command responsibility and be punished for the grave and other breaches of Geneva Conventions and other related serious violations of laws and custom of war by establishing International Criminal Tribunal for Manipur, or prosecution under International Criminal Court (ICC) or National Court having jurisdiction to try violation of grave breach of Geneva Conventions and Additional Protocols and other serious violations of laws and customs of war by suitable amendment to existing the Geneva Conventions Act, 1960. GOI must not isolate itself from ICC Statute and it is high time to sign and ratify the same for cause of humanity.

It high time to stop recruitment of child soldier by the non-governmental armed forces immediately as it violates IHL and International Human Rights Law particularly Convention on the Rights of Child, 1989 and its Optional Protocol on the Involvement of Children in Armed Conflict, 2000 and those recruited child soldiers must be properly rehabilitated as per appropriate provisions of CRC.

Perpetrators of IHL must be booked and try by International Tribunal preferably by ICC and the GOI must give free access by ICRC in Manipur. Last but not the least, GOI must sign and ratify - two Additional Protocols to the Geneva Conventions of 1977, ILO Convention No.138, and ICC Statute.

Read the Notes and References used in this article here

Concluded...