by Wamika Sachdev
Abstract: IHL studies have benefited greatly by drawing parallels with the rules of war in different religions. This article expands this scholarship by further considering the ideas of morality and humanity through the lens of Mahabharata, a text of Hindu origin. This research unravels intriguing insights related to what constitutes Dharma and Dharmayuddha (righteous warfare), the bridge between jus in bello and jus ad bellum, and how IHL is compromised by the realities of war. It argues that the true value of IHL comes from accepting both the ideal and real and accepting accountability for one’s actions in war. In doing so, the study discovers how the concept of Dharma may be beneficial, how studying ancient ethics of war is important for the incorporation of humanity in war, why the Bhagavad Gita born out of the Epic is essential to study the correlation of IHL with jus ad bellum, and how this entire context exists in the realities of war.
Keywords: Bhagavad Gita, Comparative IHL, Humanity, Hinduism, Jus Ad Bellum, Mahabharata, Morality in Law, Rules of Battle, Sacred Texts.
