The application of the Geneva Conventions in Nepal : domestication as a way forward
Tek Narayan Kunwar
Asia-Pacific perspectives on international humanitarian law
Cambridge : Cambridge University Press, 2020
The non-domestication of the Geneva Conventions in Nepal has led to a plethora of complexities in the current context, where the State is striving to establish transitional justice by prosecuting crimes of the past and provide justice to victims. The transitional justice apparatus currently adopted by Nepal has been the subject of wide criticism for having provisions that conflict with the obligation to domesticate, such as granting amnesty for crimes of similar equivalence to grave breaches. The timely domestication of the Geneva Conventions and other relevant treaties, whether international humanitarian law (IHL) or international human rights law (IHRL), would have averted or resolved the conflict between legal obligations and responsibilities that Nepal is currently facing.
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