The South Asian Military Law Systems


Book Description

This book is a comparative study of the military law systems of the five South Asian countries: Bangladesh, India, Nepal, Pakistan and Sri Lanka. It also considers those aspects of international human rights laws and international humanitarian laws which are relevant to the activities of the armed forces, while they are deployed in the armed conflicts, in the peacekeeping missions or when they are in barracks. Using famous cases to illustrate legal points, this book examines minor punishments, describes step-by-step court martial process, and offers an overview of the constitutional and statutory rights available to armed forces personnel in South Asia. The author recommends that the armed forces personnel must not be subjected to cruel and degrading punishments under the military laws; and certain groups, for example women combatants must not be vulnerable to discrimination. It also critically examines special emergency laws under which armed forces are deployed in the internal security duties in South Asia. The author is of the view that respect for human rights and fundamental freedoms for all, including armed forces personnel, is not just a moral obligation. It is part of international human rights law, and the South Asian countries are obliged to respect and protect the rights of personnel serving in their armed forces. This is a timely study in South Asia, in the light of allegations of human rights violations against the armed forces personnel. It will have broad appeal for scholars in human rights, international humanitarian law, the military studies and anyone concerned with the policy studies in the armed forces.







Government and Politics in South Asia


Book Description

This comprehensive but accessible text provides students with a systematic introduction to the comparative political study of the leading nations of South Asia: India, Pakistan, Bangladesh, Sri Lanka, and Nepal. The seventh edition is extensively revised and updated, benefiting from the fresh perspective brought on by adding a new author to the team. New material includes discussions of political parties and leaders in India, the Zardari regime and changes to the Pakistani constitution, the rocky relationship between Pakistan and the Obama administration, new prospects and dangers facing Bangladesh, continuing political violence in Sri Lanka, and the troubles facing Nepal as it attempts to draft a new constitution. Organized in parallel fashion to facilitate cross-national comparison, the sections on each nation address several topical areas of inquiry: political culture and heritage, government structure and institutions, political parties and leaders, conflict and resolution, and modernization and development. A statistical appendix provides a concise overview of leading demographic and economic indicators for each country, making Government and Politics in South Asia an invaluable addition to courses on the politics of South Asia




Military Justice in the Modern Age


Book Description

Military justice systems across the world are in a state of transition. These changes are due to a combination of both domestic and international legal pressures. The domestic influences include constitutional principles, bills of rights and the presence of increasingly strong oversight bodies such as parliamentary committees. Military justice has also come under pressure from international law, particularly when applied on operations. The common theme in these many different influences is the growing role of external legal principles and institutions on military justice. This book provides insights from both scholars and practitioners on reforms to military justice in individual countries (including the UK, Canada, the Netherlands and Australia) and in wider regions (for example, South Asia and Latin America). It also analyses the impact of 'civilianisation', the changing nature of operations and the decisions of domestic and international courts on efforts to reform military justice.




India's Neighbourhood


Book Description

Examines the role, relevance and status of armies in the dynamic socio-political milieu of the countries in India's South Asian neighbourhood. This book is part of an ongoing endeavour to further explore and understand the role of the Army in shaping the political destiny and defining the ideational evolution of states in South Asia.




The Oxford Handbook of International Law in Asia and the Pacific


Book Description

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.




Comparative Politics of Southeast Asia


Book Description

This textbook provides a comprehensive introduction to the political systems of all ASEAN countries and Timor-Leste from a comparative perspective. It investigates the political institutions, actors and processes in eleven states, covering democracies as well as autocratic regimes. Each country study includes an analysis of the current system of governance, the party and electoral system, and an assessment of the state, its legal system and administrative bodies. Students of political science and regional studies will also learn about processes of democratic transition and autocratic persistence, as well as how civil society and the media influence the political culture in each country.




Military Professionalism and Humanitarian Law


Book Description

Revitalizing the concept of military necessity -- Lawful war of self-defense : when not to be a sitting duck -- Military strategy : the blind spot of international humanitarian law -- Defensive deterrence : legalizing the stepchild of international law.




Political Violence in South Asia


Book Description

Political violence has remained an integral part of South Asian society for decades. The region has witnessed and continued to encounter violence for achieving political objectives from above and from below. Violence is perpetrated by the state, by non-state actors, and used by the citizens as a form of resistance. Ethnic insurgency, religion-inspired extremism, and ideology-driven hostility are examples of violent acts that have emerged as challenges to the states which have responded with violence in the form of civil war and through violations of human rights disregarding international norms. This book explores various dimensions of political violence in South Asia, namely in Bangladesh, India, Nepal, Pakistan, and Sri Lanka. Each chapter either speaks to an important aspect of the political violence or provides an overall picture of the nature and scope of political violence in the respective country. Political violence is understood in the larger sense of political, that is, above and beyond institutions, and also as an integral part of social relationships where social norms and the role of individual agency play seminal roles. The contributions in this book incorporate both institutional and non-institutional dimensions of political violence. Exploring how everyday life in South Asian states and societies is transformed by the engagement with violence through direct and indirect methods, this book adopts an interdisciplinary framework; diverse methods are employed – from ethnographic readings to more macro level analyses. The phenomenon is explored from historical, sociological, and political perspectives. This book will be useful as a supplementary text in courses on South Asian Studies in general and South Asian Politics in particular.




Insurgency and Counterinsurgency in South Asia


Book Description

In Insurgency and Counterinsurgency in South Asia, ten experts native to South Asia consider the nature of intrastate insurgent movements from a peacebuilding perspective. Case studies on India, Pakistan, Nepal, and Sri Lanka lend new insights into the dynamics of each conflict and how they might be prevented or resolved.