Editorial 1 : The last continent must remain a pristine wilderness
Introduction
The 46th Antarctic Treaty Consultative Meeting (ATCM-46), that was held in Kochi, Kerala last month, highlighted the ongoing debate on Antarctic tourism. While the meeting sought to bring in a regulatory framework, it ultimately fell short of a definitive solution. This reflects the complex challenges of managing tourism in a region governed by international consensus and where the environment is rapidly changing.
Antarctic tourism
- Since the early 1990s, Antarctic tourism has witnessed a dramatic surge in tourist numbers, which have exploded from a few thousand to over 1,00,000 in the 2022-23 season.
- The International Association of Antarctica Tour Operators (IAATO) estimates a figure of 1,18,089 tourists in 2023-2024.
- The United States and China account for more than 40% of tourists to the Antarctic.
- This growth is attributed to increased global interest in adventure travel and a desire to experience Antarctica’s unique landscapes and wildlife.
- Tourists typically embark on multi-day expeditions on small to medium-sized ships, with some opting for larger cruises or fly-sail operations.
- Activities range from wildlife observation and photography to mountain climbing and skiing.
- Antarctic tourism offers educational and economic benefits but also raises significant environmental concerns.
- Increased human presence disrupts wildlife, damages fragile ecosystems, and risks introducing invasive species.
- Ship traffic pollutes pristine waters, and tourism adds to the global carbon footprint.
- Climate change exacerbates these issues by opening new areas for tourism while increasing ecosystem vulnerability.
- The balance between scientific research, responsible tourism, and environmental protection is under intense pressure.
Gaps in the regulatory framework
- The current governance framework for Antarctic tourism is fragmented and lacks clear regulations.
- The Antarctic Treaty, that came into force in 1961, prioritises peaceful use and scientific research.
- While the Madrid Protocol offers broad environmental guidelines, it lacks specific tourism regulations.
- The responsibility for day-to-day management falls largely on the IAATO, a self-regulatory industry body.
- Many believe IAATO’s guidelines are inadequate to address the growing environmental pressures.
- The ATCM is the primary platform for international cooperation on Antarctic issues. Despite recognising the need for a comprehensive tourism regulatory framework, the ATCM-46 failed to reach a consensus.
- Unanimous agreement from all consultative parties is required for decisions, often slowing action and allowing national interests to impede progress.
- While some countries push for strong regulations, others prioritise economic benefits or interpret Antarctic principles differently.
- The current geopolitical climate further complicates international cooperation on Antarctic governance.
- Despite the limitations, the ATCM-46 made some progress. The meeting focused on developing a “comprehensive, flexible, and dynamic” framework for regulating tourism and non-governmental activities.
- A newly established working group will lead this effort over the next year. This signifies a renewed commitment to address the challenges of the Antarctic.
- Antarctica needs stronger measures to mitigate tourism impacts, as there are gaps in the current governance frameworks.
- The Antarctic Treaty System and the Madrid Protocol offer broad guidelines, but daily management relies heavily on self-regulation by IAATO, which many believe is inadequate for protecting wildlife and ecosystems.
India’s line
- At the ATCM 44 (2022), concerns about tourism’s impact on Antarctic research, conservation, and the environment were raised.
- The importance of monitoring the impacts of tourism was emphasised, and India was emphatic on addressing tourism issues.
- Resolution 5 (2022) advised against building tourism-related structures with significant environmental impacts.
- Calls for a comprehensive debate on Antarctic tourism continued between ATCM 44 and ATCM 45, with a 2023 workshop highlighting the need for governance action. Despite the lack of international consensus, India enacted its own Antarctic Law in 2022.
Way forward
- Finding a sustainable future for Antarctic tourism requires a multi-pronged approach.
- By prioritising science-based decision-making and having engagement with all stakeholders, we can ensure that Antarctica remains a pristine wilderness for generations to come, while also recognising the potential benefits of responsible tourism.
Editorial 2 : Laws on mercenaries in war zone
Context
On June 11, the Ministry of External Affairs (MEA) acknowledged the tragic loss of two Indian nationals who were recruited by the Russian Army amidst the ongoing conflict between Russia and Ukraine.
The MEA’s response?
- The MEA has issued a press note advising Indians to exercise caution while seeking employment opportunities in Russia.
- In March, the Central Bureau of Investigation (CBI) said that it had filed a first information report (FIR) booking 15 individuals and four companies for their alleged role in the “trafficking of gullible Indian nationals to Russia and duping them for better employment and high-paying jobs”.
- In May, the central agency divulged that it had made four arrests in the case.
Who are mercenaries?
- The distinction between conventional combatants and mercenaries is a fundamental cornerstone of international humanitarian law (IHL).
- A combatant is typically a member of the armed forces of a party to the conflict, whereas a mercenary is recruited from a third-party state unrelated to the conflict.
- Mercenaries usually engage in hostilities motivated primarily by personal gain as opposed to virtues of patriotism associated with regular combatants.
- Article 47 of Additional Protocol I to the Geneva Conventions (API) envisages six cumulative conditions for a person to qualify as a mercenary.
- The person i) should be specially recruited locally or abroad in order to fight in an armed conflict, ii) has taken a direct part in the hostilities,
- iii) is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that party,
- iv) is neither a national of a party to the conflict nor a resident of territory controlled by a party to the conflict, v) is not a member of the armed forces of a party to the conflict, vi) has not been sent by a state which is not a party to the conflict on official duty as a member of its armed forces.
- Under customary IHL, being a mercenary itself does not constitute a specific crime. However, if captured, they are not entitled to prisoner-of-war status or any protected categories under the Geneva Conventions.
- This allows for their prosecution for war crimes or other grave breaches of humanitarian law.
- They may also face charges under the domestic laws of the detaining nation.
- Nevertheless, mercenaries qualify for humane treatment in accordance with the fundamental guarantees of humanitarian law.
- However, over time, African states began expressing reservations about this definition, as it only addressed international armed conflicts and overlooked civil wars, where mercenary activities were most prevalent.
- This led to the adoption of the Organization of African Unity Convention for the Elimination of Mercenarism in Africa in 1977 which included a more expansive definition of mercenaries.
- Similarly, in 1989, the United Nations General Assembly (UNGA) adopted the International Convention against the Recruitment, Use, Financing and Training of Mercenaries that criminalised the recruitment, use, financing and training of mercenaries and also promoted inter-State cooperation in this regard.
What are the limitations of the existing regime?
- One of the major challenges of the existing regulatory regime is the lack of a clear, unequivocal, and comprehensive legal definition of what constitutes a mercenary.
- This is compounded by the fact that the domestic laws of most states do not criminalise mercenary activity.
- Additionally, the definition outlined under Article 47 of the API does not include within its ambit foreign military personnel integrated into the armed forces of another state — such as the Gurkhas (soldiers from Nepal who have served in the British Army since the 1800s).
- It also fails to establish mechanisms for holding accountable foreigners employed as advisors and trainers.
- A professor highlighted the emerging trend of private military and security companies (PMSCs) gradually taking over roles previously associated with mercenaries.
- These for-profit companies provide a range of services from combat to food supplies for troops.
- The legal framework surrounding the operations of PMSCs is more loosely defined and relies heavily on a country’s domestic legal capacity.
Way forward
- The Indian government should develop a robust policy framework to address distress migration and implement strict measures against human trafficking.
- India should adopt a two-pronged approach. Long-term preventive measures should target the underlying economic factors that are driving people to leave the country, while immediate measures should prioritise educating the public and ensuring strong pre-travel vetting for Indians going to Russia or other conflict zones.
- For instance, pre-travel approval from the MEA for travel to Russia could be another measure to check if there are suspicious cases of human trafficking. This will also enable the identification of companies that are exploiting Indians.
- In 2012, Bangladesh implemented the Dhaka Principles for Migration with Dignity for ethical overseas recruitment of migrants.
- The Nepal government in January banned its citizens from travelling to Russia or Ukraine for employment after 10 young men were killed and dozens more reported missing while fighting, predominately in the Russian military.
