Nepal: Supreme Court, Division Bench, Order, 9 January 2004


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The Supreme Court of Nepal held that the Geneva Conventions, which Nepal was a party to, did not apply to the on-going conflict in Nepal between government and Maoist forces. This was possibly due to a misunderstanding that the Geneva Conventions apply only in international armed conflicts (here, the government and Maoists were both domestic forces). Nevertheless, the Court ordered the government to enact legislation implementing the obligations of the Geneva Conventions, though as of 2007, the government had not done so.

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