The Geneva Conventions of 1949 — when do GRAVE BREACHES occur, triggering universal jurisdiction?
Answer & Solution
Correct answer: C.
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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