Practice Relating to Rule 142. Instruction in International Humanitarian Law within Armed Forces
Nepal’s IHL and IHRL Integration Order (2008) states:
4. Since Nepal has ratified the Geneva Convention of 1949, it is our obligation that during peace or armed conflict, the provisions of the convention be disseminated in military education and training, [that] awareness of military personnel [be] raised …
5. Article 33 (m) under the Interim Constitution defines the obligation on the part of the signatory state to regulate the provisions of the treaty as would be relevantly applicable in domestic law. Subsequently, article 144 (4) under the Interim Constitution states that members of the Nepalese Army will be trained and educated in IHL and IHRL. In compliance with the aforementioned legal stipulation, article 20(1) under the Military Act 2006, sets down the mandatory legal provisions to impart education and training to all military personnel in the field of IHL and IHRL.
6. In accordance with the Geneva Conventions that Nepal has ratified and the subsequent legal provisions in the Interim Constitution, the Nepalese Army will integrate IHL and IHRL in the following areas:
(c) Training: Career development training as per Appendix “A”
(e) Sanction System.
Nepal’s Army Act (2006) states:
Any individual who shall be included in the organization of the Nepalese Army shall be provided trainings on topics including military education, ethics, physical exercise, human rights and international humanitarian law.
In 2004, in a declaration of commitment on the implementation of human rights and international humanitarian law, the Prime Minister of Nepal stated: “Additional training to the security agencies on human rights and international humanitarian laws will be continued.”
In 2007, in its comments to the conclusions and recommendations of the Committee against Torture, Nepal stated:
Sustained efforts have been made to inculcate human rights values in the security personnel. They have been continuously sensitized to uphold the human rights and humanitarian law in the discharge of their duties. … Every military and security training course curriculum has a human rights package incorporated as an integral part of the syllabus.