India
1. Constitutional structure and position of IHL in domestic law
The Union of India is a federal republic. The Union has exclusive power to conclude and implement treaties with foreign countries (Article 253 of the Constitution and its seventh schedule (Union List, entry 14)). The President of India is vested with the executive power of the Union and thus enters into and ratifies treaties.
International treaties do not automatically form part of national law. They must, where appropriate, be incorporated into the legal system by an act of Parliament (see AIR 1980 SC 470 and AIR 1984 SC 667). Municipal courts generally interpret statutes so that, as far as possible, they are consistent with the rules of international law binding on India.
Under Article 51 of the Constitution, the State is obliged "to endeavour to foster respect for international law and treaty obligations in the dealings of organised peoples with one another".
The four Geneva Conventions were ratified on 9 November 1950 and have been published in the Gazette of India as schedules to the Geneva Conventions Act, 1960 
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2. Bibliography
- M.K. BALACHANDRAN, "Principles of IHL in the Indian Constitution and Domestic Legislation", Bulletin on IHL & Refugee Law, 1996 (1), pp. 67-101.
- M. K. BALACHANDRAN, "Implementation of International Humanitarian Law through the Constitution of India", in Report of the Regional Seminar on the Implementation of International Humanitarian Law and Cultural Heritage Law, Kathmandu, 19-23 May 1997, ICRC/UNESCO, 1997, pp. 68-74.
- V.S. MANI, "International humanitarian law: an Indo-Asian perspective", in International Review of the Red Cross, March 2001, pp. 59-76.
- L.R. PENNA, "Status of the Geneva Conventions and the Additional Protocols in India", The Military Law and Law of War Review, 1982, pp. 135-154.
- S.C. GUPTA, "Domestic Rules applicable to the Protection of Red Cross Emblem in India, in Report of the Regional Seminar on the Implementation of International Humanitarian Law and Cultural Heritage Law, Kathmandu, 19-23 May 1997, ICRC/UNESCO, 1997, pp. 54-57.
