Book contents
- Asia-Pacific Perspectives on International Humanitarian Law
- Asia-Pacific Perspectives on International Humanitarian Law
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Foreword
- Foreword
- Acknowledgements
- Editors’ Note
- 1 Introduction: Asia-Pacific Perspectives on International Humanitarian Law
- Part I Interviews
- Part II Development of International Humanitarian Law
- Part III Practice and Application of International Humanitarian Law
- Part IV Implementation and Enforcement of International Humanitarian Law
- 28 International Humanitarian Law in the Indian Civilian and Military Justice Systems
- 29 Implementation of International Humanitarian Law Obligations in Australia: A Mixed Record
- 30 International Humanitarian Law in Indonesia
- 31 International Humanitarian Law in the Philippine Supreme Court
- 32 The Application of Grave Breaches at the Extraordinary Chambers in the Courts of Cambodia
- 33 The Application of International Humanitarian Law by the International Crimes Tribunals of Bangladesh
- 34 The Application of the Geneva Conventions in Nepal: Domestication As a Way Forward
- 35 Torture in Non-International Armed Conflict and the Challenge of Universal Jurisdiction: The Unsuccessful Trial of Colonel Kumar Lama
- Part V Looking to the Future and Enhancing Compliance with International Humanitarian Law
- Glossary of Publications
- Alphabetical Glossary of Cases and Decisions
- Chronological Glossary of Cases and Decisions
- Treaties and Other International Instruments, Resolutions and National Documents with an International Dimension
- Chronological Glossary of National Legislation and Secondary Instruments
- Peace Agreements and Communiques
- Abbreviations and Translations
- Index
35 - Torture in Non-International Armed Conflict and the Challenge of Universal Jurisdiction: The Unsuccessful Trial of Colonel Kumar Lama
from Part IV - Implementation and Enforcement of International Humanitarian Law
Published online by Cambridge University Press: 18 October 2019
- Asia-Pacific Perspectives on International Humanitarian Law
- Asia-Pacific Perspectives on International Humanitarian Law
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Foreword
- Foreword
- Acknowledgements
- Editors’ Note
- 1 Introduction: Asia-Pacific Perspectives on International Humanitarian Law
- Part I Interviews
- Part II Development of International Humanitarian Law
- Part III Practice and Application of International Humanitarian Law
- Part IV Implementation and Enforcement of International Humanitarian Law
- 28 International Humanitarian Law in the Indian Civilian and Military Justice Systems
- 29 Implementation of International Humanitarian Law Obligations in Australia: A Mixed Record
- 30 International Humanitarian Law in Indonesia
- 31 International Humanitarian Law in the Philippine Supreme Court
- 32 The Application of Grave Breaches at the Extraordinary Chambers in the Courts of Cambodia
- 33 The Application of International Humanitarian Law by the International Crimes Tribunals of Bangladesh
- 34 The Application of the Geneva Conventions in Nepal: Domestication As a Way Forward
- 35 Torture in Non-International Armed Conflict and the Challenge of Universal Jurisdiction: The Unsuccessful Trial of Colonel Kumar Lama
- Part V Looking to the Future and Enhancing Compliance with International Humanitarian Law
- Glossary of Publications
- Alphabetical Glossary of Cases and Decisions
- Chronological Glossary of Cases and Decisions
- Treaties and Other International Instruments, Resolutions and National Documents with an International Dimension
- Chronological Glossary of National Legislation and Secondary Instruments
- Peace Agreements and Communiques
- Abbreviations and Translations
- Index
Summary
Nepalese Lieutenant Colonel, Kumar Lama, was arrested in the United Kingdom (UK) on 3 January 2013. This was carried out on the basis of universal jurisdiction (UJ) for his alleged involvement in torture in Nepal back in 2005, during Nepal’s non-international armed conflict (NIAC). He was indicted for two counts of torture that allegedly took place in the Shivadal Battalion Army barrack, Gorusinghe, Kapilvastu District. Lama was the Battalion’s Commander in Chief when the torture took place. He was arrested on the basis of section 134 of the Criminal Justice Act 1988 (CJA) that was enacted to fulfil the UK’s obligations under the United Nations (UN) Convention against Torture and other Cruel, Inhumane and Degrading Treatment (CAT).
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- Asia-Pacific Perspectives on International Humanitarian Law , pp. 624 - 640Publisher: Cambridge University PressPrint publication year: 2019