South Asia: Several Armed Conflicts Affect the Himalayan Region

17 November 2020

Several armed conflicts are taking place in South Asia, fueling instability in the Himalayan region: an international armed conflict (IAC) between China and India, an IAC between India and Pakistan and a non-international armed conflict (NIAC) in India between the government and the Naxalites. Furthermore, the Indian troops have been engaging in armed violence in the Jammu and Kashmir region. However, the situation does not amount to a NIAC yet.

Our Rule of Law in Armed Conflict (RULAC) online portal provides a detailed analysis of these conflicts, including information about the parties, classification, and applicable international law.

IAC between China and India over the Control of Arunachal Pradesh and Aksai China

India and China are involved in an IAC over the control of two main regions: Arunachal Pradesh and Aksai China – which is considered as part of Xingjian and Tibet by China, while according to India it is part of Ladakh – and a number of smaller regions along the Sino-Indian border.

‘For an IAC to exist there must have been a resort to armed force involving at least two states; the threshold to determine that an IAC is taking place is very low and does not require a certain intensity or duration’ explains Dr Chiara Redaelli, Research Fellow at the Geneva Academy.

‘The armed confrontations that have taken place since June 2020 between the two countries along the Himalayan border are therefore sufficient to classify this situation as an IAC. The facts – that we develop on our RULAC online portal – are determining such classification, not the subjective intent of the belligerents’ she adds.

Notice placed a few km ahead of the Nathu La pass (India-China border).

International Armed Conflict between India and Pakistan

India and Pakistan are involved in an international armed conflict over the status of Kashmir.

The RULAC entry on this conflict has been updated to integrate recent developments, including the increased intensity of the violence since 2019 and the August 2019 revocation by India of the special constitutional status to Jammu & Kashmir, which was granted by Article 370 of the Indian Constitution.

NIAC in India between the Government and the Naxalites

The Indian Government is involved in a NIAC against the Communist Party of India – Maoist (this group is also frequently referred to as the Naxalites).

The RULAC entry on this conflict has been updated to integrate recent developments.

Armed Violence in Northeast India between Armed Groups and the Government

Worrying Developments in Jammu and Kashmir

A number of armed non-state actors are operating in northeast India – Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura, Manipur, Nagaland –, and are engaging in armed violence against the government.

‘We closely monitor the evolution of the situation related to the armed violence and clashes between the Indian army and these armed groups. We notably updated our RULAC online portal with the recent developments in the Jammu and Kashmir region’ underlines Dr Chiara Redaelli.

Following India’s revocation of the special constitutional status granted to Jammu and Kashmir, around 300 Kashmiri politicians have been arrested in August 2020 and the region was put under lockdown. On 6 August, the Parliament adopted the Kashmir Reorganization Bill, which divided the region into two territories – Jammu and Kashmir, and Ladakh – and downgraded their status from ‘state’ to ‘Union Territories.’ Between second and 5 August, the Indian government also deployed tens of thousands of additional troops in Jammu and Kashmir and imposed a communication blackout.

‘While some developments – including in Jammu and Kashmir – are worrying, we could not conclude in light of the information at our disposal, that India is engaging in NIACs against the armed groups operating in these regions. This is notably due to the difficulty in ascertaining whether one or more groups reach the intensity of violence threshold’ she adds.

MORE ON THIS THEMATIC AREA

News

New Podcast: The Geneva Conventions on Trial

21 November 2024

A new episode of our podcast 'In and Around War(s)' with the theme 'The Geneva Conventions on Trial' has just been released.

Read more

News

The Jean-Pictet Competition: Learning Beyond the Classroom

10 December 2024

Each year, the Geneva Academy sends a team of students to the Jean-Pictet Competition. Participating in this leading moot court is a life-changing experience and an integral part of our programmes.

Read more

Warzone Event

Advanced IHL Seminar for Academics and Policymakers

25-29 August 2025, 09:00-17:30

Co-hosted with the ICRC, this event aims to enhance the capacity of academics to teach and research international humanitarian law, while also equipping policymakers with an in-depth understanding of ongoing legal debates.

Read more

Event

Strengths and Challenges of Inter-State Applications Before the European Court of Human Rights

12 May 2025, 18:30-20:00

In this Geneva Academy Talk Judge Lətif Hüseynov will discuss the challenges of inter-State cases under the ECHR, especially amid rising conflict-related applications.

Read more

Afghanistan, Parwan detention facility. Inside a room where detainees of the prison, separated by an acrylic glass, are allowed to meet with their families a couple of times per year with the help of the ICRC employees who facilitate the programme. Short Course

Preventing and Combating Terrorism

24 April - 13 May 2025

This online short course discusses the extent to which states may limit and/or derogate from their international human rights obligations in order to prevent and counter-terrorism and thus protect persons under their jurisdiction.

Read more

Neutrotechology Project

Neurotechnology and Human Rights

Started in August 2023

This project addresses the human rights implications stemming from the development of neurotechnology for commercial, non-therapeutic ends, and is based on a partnership between the Geneva Academy, the Geneva University Neurocentre and the UN Human Rights Council Advisory Committee. 

Read more

A session of the UN Human Rights Council Project

IHL Expert Pool

Started in January 2022

The IHL-EP works to strengthen the capacity of human rights mechanisms to incorporate IHL into their work in an efficacious and comprehensive manner. By so doing, it aims to address the normative and practical challenges that human rights bodies encounter when dealing with cases in which IHL applies.

Read more

Cover of the 2023 Geneva Academy Annual Report Publication

Annual Report 2023

published on July 2024

Read more