Why in the News?
India’s stance on a ‘crimes against humanity’ treaty reflects its longstanding reservations about the Rome Statute and the International Criminal Court.
What is India’s stance on the proposed Crimes Against Humanity treaty?
- Non-Party to the Rome Statute: India is not a signatory to the Rome Statute and has consistently expressed objections to the ICC’s jurisdiction, particularly regarding the powers of the ICC prosecutor and the role of the UN Security Council in prosecuting international crimes. India argues that it should be able to address such issues through its national legal system rather than through international mechanisms.
- Call for In-Depth Study: For 5 years, India has advocated for a comprehensive examination of the need for a dedicated CAH treaty. This reflects its belief that existing frameworks may not adequately address the complexities of CAH.
- Concerns Over Duplication: India is wary that a new CAH treaty could overlap with existing laws under the Rome Statute, potentially complicating accountability measures rather than clarifying them.
How does India’s legal framework address crimes against humanity?
Why should India have proper legislation related to Crime against humanity?
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What are India’s specific concerns regarding the definitions and scope of crimes against humanity?
- Definition of Crimes: India has raised objections to certain definitions within the proposed treaty. It argues against including “enforced disappearance” as a CAH while advocating for “terrorism” to be recognised as such. This reflects India’s broader security concerns and its focus on acts it deems more relevant to its national context.
- Scope of Application: India contends that crimes committed only during armed conflicts should be classified as CAH, opposing any broader interpretation that includes peacetime offences. This position underscores India’s strategic interests and its approach to defining accountability in terms of state actions during conflicts rather than in peacetime contexts.
Way forward:
- Enact Comprehensive Domestic Legislation: India should introduce laws addressing crimes against humanity and other international crimes, aligning with global standards while addressing domestic concerns like terrorism and communal violence.
- Advocate for Inclusive Global Frameworks: India can engage constructively in international negotiations on the CAH treaty, pushing for definitions and provisions that address its concerns, such as including terrorism, while leveraging its stance to lead global efforts in promoting accountability and human rights.
Mains PYQ:
Q What do each of the following quotations mean to you? “Condemn none: if you can stretch out a helping hand, do so. If not, fold your hands, bless your brothers, and let them go their own way.” – Swami Vivekanand (UPSC IAS/2020)