Constitutional Incorporation of International Humanitarian Law in Nepal: A Doctrinal Analysis of the Constitution of Nepal and Domestic Implementation

Abstract

Background: Nepal is a party to the four Geneva Conventions of 1949, yet the Constitution of Nepal does not expressly incorporate “international humanitarian law” (IHL) or the Geneva Conventions by name. Its humanitarian content is instead dispersed across fundamental rights, conflict-victim protections, state policies, emergency safeguards, and treaty provisions.

Objectives: This study examines the form and scope of IHL-related constitutional incorporation in Nepal, the interaction between constitutional provisions, treaty law and judicial decisions, and the principal gaps that affect domestic implementation.

Methods: The study uses doctrinal legal research based on the Constitution of Nepal, the Nepal Treaty Act, relevant international instruments, Supreme Court decisions, official materials, and recent peer-reviewed research published mainly between 2021 and 2026.

Results: The analysis finds that Nepal follows a layered and predominantly indirect model of incorporation. Article 39 provides the clearest conflict-specific protection, Article 42 recognizes conflict-affected victims, Article 273 preserves selected rights during emergencies, and Articles 278-279 connect treaty commitments with the constitutional order. Judicial practice has also treated IHL and international human rights norms as relevant interpretive sources. However, the constitutional framework does not itself provide the detailed criminal, institutional and operational machinery required for full IHL implementation.

Conclusion: The Constitution provides a substantial normative foundation for IHL, but implementation remains incomplete and dependent on legislation, institutions and effective remedies.

Novelty: The article develops a “layered incorporation” framework and argues that the constitutional question should be assessed together with treaty status, domestic effect under the Nepal Treaty Act, judicial enforcement and post-conflict accountability.