சர்வதேச மனிதாபிமானச் சட்டமும் இந்துசமயமும்

Abstract

International humanitarian law, a branch of public international law, regulates the conduct of hostilities and seeks to protect those who are not or are no longer participating in hostilities, such as civilians and prisoners of war. Yet, the evolution of today's international humanitarian law has a long historical dimension. This history is deeply intertwined with the inevitability of war throughout human history and its inherent capacity for causing suffering and destruction. Throughout history, various legal frameworks, humanitarian principles, and philosophical and spiritual perspectives have contributed to the evolution of rules and customs aimed at reducing suffering during warfare. Hinduism, among the world's oldest and most influential religions, has offered unique insights into warfare and ethical conduct. This study aims to uncover the influence of Hindu traditions and sources on the development of international humanitarian law and explore how these influences have shaped the present state of international humanitarian law. The study adopts a qualitative approach, analyzing research literature through descriptive analysis to draw its conclusions. The findings reveal that Hindu religious sources, particularly the core concept of non-violence, provide clear guidelines, and principles related to the conduct of hostilities and rules of war. These principles resonate with various aspects of international humanitarian law, including regulations on methods and means of warfare, obligations for the dignified treatment and medical care of prisoners of war, and the protection of civilians. Significantly, these principles were later formalized in international law through the efforts of various individuals and organizations, including the Red Cross and the Hague Conventions. This contribution underscores the pivotal influence of Hindu sources in shaping contemporary international humanitarian law.