Additional Protocol III (2005) to the Geneva Conventions:

Adopted an additional distinctive emblem, the red crystal

Extended protection to non-international armed conflicts

Established the International Criminal Court

Adopted an additional distinctive emblem, the red crystal

States that make declarations accepting the compulsory jurisdiction of the ICJ do so under:

Article 36(2) of the ICJ Statute

Assertion (A): India is bound to apply the Geneva Conventions of 1949 and punishes their grave breaches under domestic law. Reason (R): India has ratified Additional Protocols I and II of 1977. Choose the correct option.

Both A and R are true, and R is the correct explanation of A

Both A and R are true, but R is not the correct explanation of A

The principle that an advantage granted by a WTO member to one member must be extended to all other members is:

Most-favoured-nation treatment under GATT Article I

National treatment under GATT Article III

Most-favoured-nation treatment under GATT Article I

The general exception under GATT Article XX

The security exception under GATT Article XXI

Which of the following statements about IHL are correct? Select all that apply.

It applies equally to all parties regardless of who started the conflict

The Martens Clause protects persons in situations not covered by specific rules

Common Article 3 applies to armed conflicts not of an international character

It applies equally to all parties regardless of who started the conflict

The Martens Clause protects persons in situations not covered by specific rules

A party may suspend its obligations if the enemy violates them first

Common Article 3 applies to armed conflicts not of an international character

Assertion (A): WTO panel reports that are appealed cannot currently be adopted in many disputes. Reason (R): The Appellate Body has lacked the members needed to hear appeals since December 2019. Choose the correct option.

Both A and R are true, and R is the correct explanation of A

Both A and R are true, but R is not the correct explanation of A

In the Jadhav case (India v Pakistan, 2019), the ICJ found a breach of:

Common Article 3 of the Geneva Conventions

Public International Law II: The United Nations and its Organs, Settlement of International Disputes, the WTO, and International Humanitarian Law and its Implementation

This chapter takes Unit III's items 6 to 10: the United Nations and its organs, the settlement of international disputes, the World Trade Organization, international humanitarian law (its conventions and protocols), and the challenges of implementing it. The legal questions are specific: what the Charter's key Articles say, the heads of the International Court of Justice's jurisdiction under Article 36, how the WTO's dispute settlement works and why its Appellate Body has been idle since December 2019, and which Geneva instruments cover which conflicts. A reader who has studied the WTO in an economics course will find it treated here as a treaty system with legal obligations and a court-like procedure.

1. The United Nations and its organs

The Charter of the United Nations was signed at San Francisco on 26 June 1945 and entered into force on 24 October 1945. Article 2 sets out its principles: sovereign equality, good-faith fulfilment of obligations, peaceful settlement, the prohibition of the threat or use of force against the territorial integrity or political independence of any State (Article 2(4)), and non-intervention in matters essentially within domestic jurisdiction (Article 2(7)), which does not prejudice enforcement measures under Chapter VII. The only exceptions to Article 2(4) are self-defence against an armed attack (Article 51), until the Security Council acts, and force authorised by the Security Council under Chapter VII.

The six principal organs
Principal organ	Composition and key rules
General Assembly	All members, one vote each; important questions by two-thirds (Article 18); resolutions are recommendations; the Uniting for Peace resolution 377 (1950) lets it act when the Security Council is deadlocked
Security Council	Fifteen members, five permanent (China, France, Russia, UK, US); substantive decisions need nine votes including the concurring votes of the permanent members (Article 27(3)), which is the veto; abstention is not treated as a veto; decisions under Chapter VII bind all members (Article 25)
Economic and Social Council	Fifty-four members elected by the General Assembly; coordinates specialised agencies
Trusteeship Council	Suspended operations on 1 November 1994 after Palau, the last trust territory, became independent
Secretariat	Headed by the Secretary-General, appointed by the General Assembly on the Security Council's recommendation; may bring threats to peace to the Council's attention (Article 99)
International Court of Justice	Fifteen judges elected for nine years by the General Assembly and Security Council voting separately; seat at The Hague; its Statute is an integral part of the Charter

⚠️ The veto and abstention

Read literally, Article 27(3) requires the "concurring votes" of all permanent members, but consistent practice since 1946, accepted by the ICJ in the Namibia advisory opinion (1971), treats a voluntary abstention as not blocking a resolution. Only a negative vote by a permanent member is a veto, and it does not apply to procedural matters.

2. Settlement of international disputes

Article 33 of the Charter obliges parties to a dispute likely to endanger peace to seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or other peaceful means of their choice. The diplomatic methods leave the outcome to the parties; arbitration and judicial settlement produce binding decisions. Short of force, States also use coercive but lawful measures: retorsion (an unfriendly but lawful act), and countermeasures (otherwise unlawful acts taken in response to a prior wrong, which must be proportionate).

How the International Court of Justice acquires jurisdiction
Head of ICJ jurisdiction	Basis
Special agreement (compromis)	Article 36(1): the parties refer a particular dispute by agreement
Compromissory clause	Article 36(1): a treaty in force provides for reference to the Court, as the Optional Protocol to the Vienna Convention on Consular Relations did in India v Pakistan (the Jadhav case, 2019)
Optional clause declarations	Article 36(2): States accept compulsory jurisdiction in relation to any other State accepting the same obligation, often with reservations; India's declaration excludes disputes with Commonwealth States
Forum prorogatum	Consent inferred from a respondent's conduct after proceedings begin
Advisory jurisdiction	Article 65 of the Statute and Article 96 of the Charter: opinions on legal questions at the request of the General Assembly, Security Council or authorised agencies; not binding

🎯 Why consent is everything

The ICJ has no inherent compulsory jurisdiction over sovereign States; every head of Article 36 is a form of consent. In the Jadhav case the ICJ found that Pakistan had breached Article 36 of the Vienna Convention on Consular Relations and directed effective review and reconsideration of the conviction; jurisdiction came from both States being parties to that Convention's Optional Protocol. Article 94 of the Charter obliges compliance, with recourse to the Security Council.

3. The World Trade Organization

The WTO was established on 1 January 1995 by the Marrakesh Agreement (1994), which concluded the Uruguay Round and took over the General Agreement on Tariffs and Trade (1947). Its core obligations are most-favoured-nation treatment (GATT Article I: an advantage given to one member must be given to all), national treatment (Article III: imported goods must not be treated less favourably than like domestic goods once inside the market), and tariff bindings. Exceptions include regional trade agreements (Article XXIV), general exceptions for public morals, health and conservation (Article XX), and security exceptions (Article XXI). The annexed agreements include the GATS on services and TRIPS on intellectual property.

The Dispute Settlement Understanding provides consultations, then a panel, then appeal on points of law to the Appellate Body, with reports adopted by the Dispute Settlement Body by "negative consensus" (adopted unless all members agree not to).
The Appellate Body has been unable to function since December 2019, when the terms of its members expired and appointments remained blocked; a panel report appealed "into the void" cannot be adopted.
Some members use the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) under Article 25 of the DSU as a stop-gap; India has not joined it.
Remedies are prospective: withdrawal of the inconsistent measure, then compensation, then authorised suspension of concessions (retaliation).

ℹ️ The Ministerial Conference

The WTO's highest body is the Ministerial Conference, which meets at least once every two years; between sessions the General Council acts. Decisions are ordinarily taken by consensus, which gives every member, including India, considerable leverage on issues such as public stockholding for food security.

4. International humanitarian law: conventions and protocols

International humanitarian law (the law of armed conflict, jus in bello) limits the means and methods of warfare and protects those who do not or no longer take part in hostilities. It applies equally to all parties, whatever the legality of the resort to force (jus ad bellum). Its two historical streams are the Hague law on the conduct of hostilities (the Hague Conventions of 1899 and 1907) and the Geneva law on the protection of victims. The Martens Clause, first in the 1899 Hague Convention's preamble, provides that in cases not covered, civilians and combatants remain under the protection of the principles of humanity and the dictates of public conscience.

The Geneva Conventions and Additional Protocols
Instrument	Protects or regulates
Geneva Convention I (1949)	Wounded and sick in armed forces in the field
Geneva Convention II (1949)	Wounded, sick and shipwrecked members of armed forces at sea
Geneva Convention III (1949)	Prisoners of war
Geneva Convention IV (1949)	Civilian persons in time of war, including in occupied territory
Common Article 3	Minimum protections in armed conflicts "not of an international character"; a "convention in miniature"
Additional Protocol I (1977)	International armed conflicts, extended by Article 1(4) to wars of national liberation; codifies distinction, proportionality and precautions
Additional Protocol II (1977)	Non-international armed conflicts between a State's forces and organised armed groups controlling territory
Additional Protocol III (2005)	An additional distinctive emblem, the red crystal, alongside the red cross and red crescent

Distinction: parties must at all times distinguish between civilians and combatants and between civilian objects and military objectives.
Proportionality: an attack is prohibited if the expected incidental civilian harm would be excessive in relation to the concrete and direct military advantage anticipated.
Precaution, military necessity and humanity (no superfluous injury or unnecessary suffering) complete the core principles.

ℹ️ India's position

India ratified the four Geneva Conventions in 1950 and gave them domestic effect through the Geneva Conventions Act 1960, which punishes grave breaches. India is not a party to Additional Protocols I and II, nor to the Rome Statute of the International Criminal Court (1998, in force 2002).

5. Implementation of IHL: mechanisms and challenges

States undertake in Common Article 1 "to respect and to ensure respect" for the Conventions in all circumstances. The mechanisms are domestic legislation and military manuals, dissemination and training, the protecting-power system, the International Committee of the Red Cross (which visits prisoners and acts as a neutral intermediary), the International Humanitarian Fact-Finding Commission under Article 90 of Protocol I, and individual criminal responsibility. Grave breaches carry universal jurisdiction with an obligation to search for and try or hand over offenders. The ad hoc tribunals for the former Yugoslavia (1993) and Rwanda (1994) and the International Criminal Court prosecute war crimes; in Prosecutor v Tadić (1995) the Yugoslav tribunal defined a non-international armed conflict as protracted armed violence between governmental authorities and organised armed groups or between such groups.

Why IHL is hard to implement
Challenge	Why it undermines compliance
Non-State armed groups	They are bound by Common Article 3 and custom but have not consented and often lack command structures that can enforce discipline
Classification of conflicts	States deny that an armed conflict exists to avoid the law's application, and internationalised conflicts blur the line
Urban and asymmetric warfare	Fighters mingle with civilians, making distinction and proportionality harder to apply
New technologies	Cyber operations, armed drones and autonomous weapons raise questions of attribution and human control
Enforcement gap	No standing enforcement body; reliance on domestic prosecution and a court whose jurisdiction many States do not accept

⚠️ Reciprocity is not a condition

A party cannot suspend its humanitarian obligations because the enemy violates them. Article 60(5) of the Vienna Convention on the Law of Treaties excludes provisions protecting the human person in humanitarian treaties from termination for material breach, and reprisals against protected persons are prohibited.

Key takeaways

The Charter entered into force on 24 October 1945; Article 2(4) bans force, with exceptions only for self-defence (Article 51) and Chapter VII authorisation; the veto lies in Article 27(3).
ICJ jurisdiction rests on consent: special agreement or treaty clause (Article 36(1)), optional clause (Article 36(2)), forum prorogatum; advisory opinions under Article 65 are not binding.
The WTO dates from 1 January 1995; MFN (GATT Article I) and national treatment (Article III) are its core; the Appellate Body has been idle since December 2019 and India is outside the MPIA.
Four Geneva Conventions (1949), Common Article 3, Additional Protocols I and II (1977) and III (2005, the red crystal); India is party to the Conventions (Geneva Conventions Act 1960) but not to the Protocols or the Rome Statute.
Implementation depends on Common Article 1, the ICRC, grave-breach universal jurisdiction and international tribunals; non-State groups, classification, urban warfare and technology are its main challenges.

Practice questions (10)

Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.

Which Geneva Convention of 1949 deals with prisoners of war?
1. The Second Geneva Convention
2. The Third Geneva Convention
3. The First Geneva Convention
4. The Fourth Geneva Convention
Show answer
Answer: B — The Third Geneva Convention
GC III covers prisoners of war. GC I covers the wounded and sick in the field, GC II the wounded, sick and shipwrecked at sea, and GC IV civilians, including in occupied territory.
Additional Protocol III (2005) to the Geneva Conventions:
1. Prohibited nuclear weapons
2. Extended protection to non-international armed conflicts
3. Established the International Criminal Court
4. Adopted an additional distinctive emblem, the red crystal
Show answer
Answer: D — Adopted an additional distinctive emblem, the red crystal
Protocol III added the red crystal alongside the red cross and red crescent. Non-international conflicts are covered by Common Article 3 and Protocol II, the ICC by the Rome Statute of 1998, and nuclear weapons by separate treaties.
States that make declarations accepting the compulsory jurisdiction of the ICJ do so under:
1. Article 36(2) of the ICJ Statute
2. Article 94 of the UN Charter
3. Article 65 of the ICJ Statute
4. Article 33 of the UN Charter
Show answer
Answer: A — Article 36(2) of the ICJ Statute
Article 36(2), the optional clause, allows declarations accepting jurisdiction on the basis of reciprocity. Article 65 governs advisory opinions, Article 94 compliance with judgments, and Article 33 the list of peaceful means.
Assertion (A): India is bound to apply the Geneva Conventions of 1949 and punishes their grave breaches under domestic law. Reason (R): India has ratified Additional Protocols I and II of 1977. Choose the correct option.
1. Both A and R are true, and R is the correct explanation of A
2. Both A and R are true, but R is not the correct explanation of A
3. A is true, but R is false
4. A is false, but R is true
Show answer
Answer: C — A is true, but R is false
A is true: India ratified the Conventions in 1950 and enacted the Geneva Conventions Act 1960. R is false: India is not a party to Additional Protocols I and II.
Which of the following are principal organs of the United Nations under Article 7 of the Charter? Select all that apply.
1. The Trusteeship Council
2. The International Court of Justice
3. The World Trade Organization
4. The Human Rights Council
Show answer
Answer: A — The Trusteeship Council; B — The International Court of Justice
The six principal organs are the General Assembly, Security Council, ECOSOC, Trusteeship Council, ICJ and Secretariat. The Human Rights Council (2006) is a subsidiary body of the General Assembly, and the WTO is a separate organisation outside the UN system of principal organs.
The principle that an advantage granted by a WTO member to one member must be extended to all other members is:
1. National treatment under GATT Article III
2. Most-favoured-nation treatment under GATT Article I
3. The general exception under GATT Article XX
4. The security exception under GATT Article XXI
Show answer
Answer: B — Most-favoured-nation treatment under GATT Article I
MFN forbids discrimination between trading partners. National treatment forbids discrimination between imported and like domestic goods; Articles XX and XXI are exceptions that can justify otherwise inconsistent measures.
Which of the following statements about IHL are correct? Select all that apply.
1. It applies equally to all parties regardless of who started the conflict
2. The Martens Clause protects persons in situations not covered by specific rules
3. A party may suspend its obligations if the enemy violates them first
4. Common Article 3 applies to armed conflicts not of an international character
Show answer
Answer: A — It applies equally to all parties regardless of who started the conflict; B — The Martens Clause protects persons in situations not covered by specific rules; D — Common Article 3 applies to armed conflicts not of an international character
IHL binds all parties equally, Common Article 3 covers non-international conflicts, and the Martens Clause fills gaps with the principles of humanity. Obligations are not reciprocal: violation by one side does not release the other, and reprisals against protected persons are prohibited.
Assertion (A): WTO panel reports that are appealed cannot currently be adopted in many disputes. Reason (R): The Appellate Body has lacked the members needed to hear appeals since December 2019. Choose the correct option.
1. Both A and R are true, and R is the correct explanation of A
2. Both A and R are true, but R is not the correct explanation of A
3. A is true, but R is false
4. A is false, but R is true
Show answer
Answer: A — Both A and R are true, and R is the correct explanation of A
Both are true and R explains A. A report appealed to a non-functioning Appellate Body stays pending "into the void", so it cannot be adopted; the MPIA offers an alternative only to members that have joined it.
In the Jadhav case (India v Pakistan, 2019), the ICJ found a breach of:
1. Article 2(4) of the UN Charter
2. The Convention against Torture
3. Common Article 3 of the Geneva Conventions
4. Article 36 of the Vienna Convention on Consular Relations
Show answer
Answer: D — Article 36 of the Vienna Convention on Consular Relations
The Court held Pakistan had failed to inform Jadhav of his consular rights and to give India consular access, breaching Article 36 of the Vienna Convention on Consular Relations, and directed effective review and reconsideration of the conviction and sentence.
How many judges sit on the International Court of Justice? Type the number.
Numerical answer — type the value.
Show answer
Answer: 15
The ICJ has fifteen judges, elected for nine-year terms by absolute majorities in both the General Assembly and the Security Council, with no two judges of the same nationality.