India treats pirates and war criminals differently on soil

Indian Opinion Analysis

India's obligations under the Geneva Conventions are not optional, they are treaty commitments it ratified in 1960. The gap between how the state treats suspected pirates and suspected war criminals exposes a fault line in domestic implementation. The 1960 Geneva Conventions Act gives Indian courts jurisdiction over grave breaches, but the act requires a government complaint before a court can take cognisance, a procedural hurdle absent in the 2022 Maritime Anti-Piracy Act. That difference, not a legal vacuum, explains why Somali pirates end up in court while a foreign soldier accused of war crimes can reportedly leave without being detained. The Inter-Ministerial Committee on international humanitarian law, which the government set up in 2023 to review compliance, is the body that could recommend amending the 1960 Act. Whether it does so will determine if India's treaty promises match its enforcement on the ground.