deployment of the PLA Navy ships in the - Information Resource ...

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observe and to enforce the law of war. Article 82 of
Protocol I sets forth a twofold mission for the Judge
Advocates; advice to the commander on Law-of-War
matters, and advice on implementing the
dissemination requirements of the conventions and
the Protocols.
Judge Advocate plays a significant role in
shaping nature and extent of the training given to
Armed Forces Personnel in the Law of War. In my view,
Judge Advocates could be permitted to participate in
peacetime tactical training which would familarise the
commander and the Judge Advocate with their
respective responsibilities and permit the two to
establish procedures designed to meet the Article 82
requirement. Accordingly,in my opinion, Judge
Advocates could be included at the highest level of
planning. Given the limitation on manpower, I would
recommend that implementation of Article 82 Judge
Advocate's programme could be retained at the
Headquarters Level. Officers possessing the required
attributes could be trained for this purpose.
The Judge Advocate can play a significant role
in shaping the nature and extent of the training given
to Armed Forces Personnel in the Law of War. Various
presentations, seminars and workshops could be
arranged at Command level for disseminating the
information relating to the Geneva Conventions. In
fact these conventions and Protocols must be
included in the training curriculum at various levels for
both officers and men specifying the degree of
knowledge required to be imparted to each category
of such personnel.
Conclusion
If the Geneva Conventions are to succeed in
preventing unnecessary suffering during hostilities,
their provisions must be known to the Commanders
having an obligation to carry them out.
Article 82 of Protocol-I provides the armed forces
with a unique opportunity to demonstrate its
commitment to the precepts of humanitarianism as
contained within conventions. In order to accomplish
this mission, the Judge Advocate will be required to
elevate the commitment shown to the Law of War.
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ABOUT THE AUTHOR
Cmde Rakesh Kumar Gupta is a law Graduate who joined the Indian Navy in 1983. He has held independent
assignments of Command Judge Advocate of Fortress Headquarters Andaman & Nicobar Islands, Eastern Naval
Command and is presently Judge Advocate, Headquarters Western Naval Command.
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"All you idiots, fall out!" shouted the sergeant at the soldiers standing in formation. As the rest of
the squad dispersed, one soldier remained at attention.
The sergeant stalked over and raised a single eyebrow. The private grinned. "Sure was a lot of
them, huh, sir?"
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