Maldives’ Commitment to International Humanitarian Law: A Positive Trend

In the landscape of South Asian nations, the Maldives stands out with a clear commitment to international humanitarian standards. Despite being a small island nation with limited military capacity and no recent history of armed conflict, the Maldives has ratified all four Geneva Conventions of 1949 and both Additional Protocols I and II. This proactive stance reflects the country’s dedication to humanitarian principles and global cooperation. However, while the nation’s international commitments are commendable, a significant implementation gap remains at the domestic level that requires attention.

Understanding International Humanitarian Law and the Geneva Conventions 🔗

International Humanitarian Law (IHL), also known as the laws of armed conflict, regulates the conduct of war and seeks to limit the effects of armed conflict by protecting persons not participating in hostilities and restricting the means and methods of warfare. The foundation of IHL rests on the four Geneva Conventions of 1949, which have achieved universal acceptance worldwide.

These conventions establish comprehensive standards for humanitarian treatment during armed conflicts. They prohibit torture, hostage-taking, and extrajudicial killings while ensuring access to medical care, proper living conditions, and fair trial guarantees. The conventions protect wounded soldiers, prisoners of war, shipwrecked military personnel, and civilians during times of war.

Additional Protocols: expanding protections 🔗

The two Additional Protocols adopted in 1977 further develop the protections established by the Geneva Conventions. Additional Protocol I relates to international armed conflicts and extends protections to victims of wars against colonial domination and foreign occupation. Additional Protocol II addresses non-international armed conflicts, providing crucial safeguards for civilians caught in internal conflicts.

Maldives’ formal commitment to humanitarian law 🔗

The Maldives has demonstrated strong formal adherence to IHL instruments. The nation ratified the four Geneva Conventions and became party to both Additional Protocols, placing it among the more comprehensively committed nations in the South Asian region. This is particularly noteworthy when compared to larger regional powers like India, which has not ratified the Additional Protocols.

This commitment reflects the Maldives’ broader foreign policy approach of active participation in international institutions and multilateral frameworks. The nation’s engagement with humanitarian law aligns with its emphasis on international cooperation and rule-based global governance, despite having minimal direct experience with armed conflict situations.

The critical gap: domestic implementation 🔗

While international ratification represents an important first step, the real effectiveness of IHL depends on its incorporation into domestic law. This is where the Maldives faces its most significant challenge. According to research examining the country’s legal framework, the Maldives has not developed specific laws as per the Constitution of 2008 to effect its IHL obligations.

Why domestic implementation matters 🔗

International treaties do not automatically become enforceable within a country’s legal system upon ratification. Most nations, including the Maldives, follow a dualist approach where international obligations must be transformed into domestic legislation to have legal effect within the country. According to the International Committee of the Red Cross (ICRC), states must pass legislation and take regulatory and practical measures for IHL rules to be fully effective.

Without domestic implementing legislation, several critical gaps emerge. Courts lack jurisdiction to prosecute grave breaches of the Geneva Conventions. Military personnel and government officials lack clear legal guidelines for compliance. Protected persons and institutions cannot claim the legal protections guaranteed under international law. The state cannot fulfill its obligation to prevent and punish violations of humanitarian law.

Constitutional framework and treaty obligations 🔗

The Maldives Constitution of 2008 addresses international treaty obligations in several provisions. Article 93 requires that treaties entered into by the Executive with foreign states and international organizations must be approved by the People’s Majlis (parliament) and come into force according to the Majlis decision.

Crucially, the Constitution specifies that citizens are only required to comply with ratified treaties as provided for in laws enacted by the People’s Majlis. This constitutional requirement creates a clear mandate for domestic legislation to implement international treaty obligations, including those under the Geneva Conventions and Additional Protocols.

The implementation process 🔗

Effective implementation requires several concrete steps. The government must draft comprehensive legislation that incorporates IHL provisions into the national legal code. This includes defining war crimes based on grave breaches of the Geneva Conventions, establishing jurisdiction for domestic courts to try such offenses, and creating mechanisms for training military and law enforcement personnel on IHL principles.

Many countries have enacted specific Geneva Conventions Acts to fulfill these obligations. For instance, India passed The Geneva Conventions Act of 1960, which transformed its international commitments into enforceable national law, enabling prosecution of violations and extending protections during armed conflicts.

Comparative perspective: lessons from the region 🔗

Examining how other South Asian nations have approached IHL implementation provides valuable insights. Bangladesh stands out in the region for comprehensive adherence, having ratified the Geneva Conventions, both Additional Protocols, and enacted domestic implementing legislation. Nepal, following its civil conflict, has similarly integrated IHL principles into its legal framework as part of post-conflict reconciliation efforts.

Even countries with active military concerns have found ways to bridge the international-domestic divide. Pakistan, despite security challenges, has incorporated IHL principles into military doctrine. Sri Lanka, despite decades of internal conflict, has taken steps toward implementation, though challenges remain.

Practical implications of the implementation gap 🔗

The absence of domestic implementing legislation creates several practical challenges for the Maldives. In the unlikely event of an armed conflict involving Maldivian forces or territory, the country would lack a clear legal framework for ensuring compliance with its international obligations. Military personnel would have insufficient legal guidance on permissible conduct during armed conflicts.

The gap also affects the country’s ability to contribute meaningfully to international humanitarian efforts. Many multinational peacekeeping and humanitarian operations require participating nations to have robust domestic frameworks for ensuring IHL compliance. The implementation gap may limit Maldives’ capacity to engage in such operations.

Beyond armed conflict scenarios 🔗

IHL implementation has relevance beyond traditional warfare scenarios. In an era of transnational terrorism, cyber warfare, and asymmetric conflicts, having clear domestic frameworks for humanitarian law becomes increasingly important. The Maldives has faced challenges related to radicalization and foreign fighters, contexts where IHL principles regarding treatment of detainees and protection of civilians remain relevant.

The path forward: recommendations for implementation 🔗

Addressing the implementation gap requires coordinated action across multiple government institutions. The Maldives could establish a national IHL committee bringing together representatives from relevant ministries, the military, judiciary, and civil society. Such committees advise and assist governments in implementing and spreading knowledge of humanitarian law, and their establishment is actively supported by the ICRC.

The legislative process should involve comprehensive drafting of a Geneva Conventions Act or similar legislation. This law should clearly define grave breaches as criminal offenses, establish universal jurisdiction for trying such crimes, and incorporate protective provisions for medical personnel, protected emblems, and civilian objects. The legislation must align with both international obligations and constitutional requirements.

Regional cooperation and international assistance 🔗

The Maldives need not undertake this process in isolation. The ICRC Advisory Service provides legal advice and technical assistance to government authorities, including model laws, ratification kits, and comprehensive implementation manuals. Regional organizations such as the South Asian Association for Regional Cooperation (SAARC) could facilitate knowledge sharing among member states on effective implementation strategies.

Learning from countries that have successfully implemented IHL domestically can accelerate the process. Studying model legislation from nations with similar legal systems and collaborating with regional partners who have overcome similar challenges would provide practical guidance for drafting appropriate laws.

Broader significance for international humanitarian standards 🔗

The Maldives’ journey toward full IHL implementation carries significance beyond its borders. As a small island developing state, the country’s commitment to humanitarian law demonstrates that dedication to these principles is not determined by military size or conflict experience. The nation’s engagement sends a powerful message about universal values and the importance of upholding humanitarian standards regardless of immediate security concerns.

Moreover, completing the implementation process would strengthen the global IHL framework. Every nation that fully implements these conventions contributes to customary international law development and creates precedents that influence global humanitarian standards. The Maldives’ completion of this process would enhance regional momentum toward comprehensive IHL implementation across South Asia.

Moving from commitment to action 🔗

The Maldives has taken the crucial first step by ratifying the core IHL instruments. This demonstrates genuine commitment to humanitarian principles and international cooperation. However, the journey from international obligation to domestic reality requires concrete legislative action. The gap between ratification and implementation represents not a failure of commitment, but an ongoing process that requires sustained attention and resources.

Bridging this gap will require political will, legislative capacity, and technical expertise. The government must prioritize the drafting and passage of implementing legislation. The People’s Majlis should recognize the constitutional imperative to enact laws giving effect to ratified treaties. Civil society organizations and legal professionals can contribute by raising awareness and providing technical input to the legislative process.

The international community, particularly organizations like the ICRC, stands ready to provide support. By leveraging available technical assistance, learning from regional partners, and building on its existing commitment, the Maldives can transform its formal adherence to IHL into a comprehensive domestic legal framework that ensures real protection and accountability.

What do you think? How can small nations with limited military capacity contribute meaningfully to strengthening global humanitarian law frameworks? What role should regional organizations play in supporting countries to bridge the gap between international treaty ratification and domestic implementation?

References

1. https://en.wikipedia.org/wiki/International_humanitarian_law
2. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3112515
3. https://www.icrc.org/en/law-and-policy/domestic-law-and-ihl
4. https://www.constituteproject.org/constitution/Maldives_2008
5. https://www.icrc.org/en/document/national-committees