The Geneva Conventions of 1949 — when do GRAVE BREACHES occur, triggering universal jurisdiction?
AOnly at the end of a war (cf. Geneva Conventions 1949, grave breaches provisions (Articles 50/51/130/147)) (cf. Geneva Conventions 1949, grave breaches provisions (Articles 50/51/130/147))
Bonly against military personnel (cf. Geneva Conventions 1949, grave breaches provisions (Articles 50/51/130/147)) (cf. Geneva Conventions 1949, grave breaches provisions (Articles 50/51/130/147))
Cwhen committed in INTERNATIONAL ARMED CONFLICTS — including wilful killing, torture, inhuman treatment, biological experiments, wilfully causing great suffering or serious injury, extensive destruction of property, etc.
Donly during peace (cf. Geneva Conventions 1949, grave breaches provisions (Articles 50/51/130/147)) (cf. Geneva Conventions 1949, grave breaches provisions (Articles 50/51/130/147))
Answer & Solution
Correct answer: C. when committed in INTERNATIONAL ARMED CONFLICTS — including wilful killing, torture, inhuman treatment, biological experiments, wilfully causing great suffering or serious injury, extensive destruction of property, etc.
1. Each of the four Geneva Conventions 1949 contains a 'grave breaches' provision (Articles 50/51/130/147 respectively).
2. Grave breaches occur in INTERNATIONAL ARMED CONFLICTS and include: (a) wilful killing; (b) torture or inhuman treatment, including biological experiments; (c) wilfully causing great suffering or serious injury to body or health; (d) extensive destruction and appropriation of property not justified by military necessity; (e) compelling protected persons to serve in hostile forces; (f) wilfully depriving of fair trial; (g) unlawful deportation/transfer or confinement; (h) taking of hostages.
3. States Parties have OBLIGATION to search for and prosecute or extradite (AUT DEDERE AUT JUDICARE) — universal jurisdiction.
4. Hence option B is correct.
_Source: International HR Treaties + Indian Constitutional Jurisprudence — Geneva Conventions 1949, grave breaches provisions (Articles 50/51/130/147)_
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