Indian Position on International Criminal Court
INDIAN POSITION ON INTERNATIONAL CRIMINAL COURT
1.1 the origin of the International Criminal Court
The origin of the International Criminal Court (ICC) date back to the world war II, when international military tribunals were established (Nuremberg and Tokyo).
Their competences were limited to war crimes, but their contribution had been fundamental to the extension of the crimes treated to crimes against humanity and peace.
The first attempt to form an International Criminal Court has been in the 1950s, but the concomitance with the Cold War made the effort unattainable. The idea revived in the 1990s thanks to the initiative of the ONU and General Assembly to draft a statute for the ICC.
During the draft of the statute, the international community established two ad hoc tribunals for crimes in the former Yugoslavia and Rwanda, underlying the increasing need for a permanent international criminal court.
On 17 July 1998, an International Criminal Court was finally born. 120 states adopted its statute, whereas 7 voted against it (21 abstained).
The Statute legally came into force on 1 July 2002, and the ICC can only prosecute crimes committed after that date.
1.2 India and the International Criminal Court
Indian government claims that is always been engaged in the promotion and protection of human rights at the international level[1]. Its concern in the matter has a confirmation in the active participation of India to the progressive development of the criminal law since 1948, with the aim of eradicating the most brutal crimes committed by the humankind.
In spite of its presumed commitment in the fight against any violation of human right, India consistently opposed the court. Together with United States, China and Russia, it is one of the critical States that have not joined the International Criminal Court.
India supports the ICC as institution and actively participated to the conference on the establishment of the International Criminal
1.1 the origin of the International Criminal Court
The origin of the International Criminal Court (ICC) date back to the world war II, when international military tribunals were established (Nuremberg and Tokyo).
Their competences were limited to war crimes, but their contribution had been fundamental to the extension of the crimes treated to crimes against humanity and peace.
The first attempt to form an International Criminal Court has been in the 1950s, but the concomitance with the Cold War made the effort unattainable. The idea revived in the 1990s thanks to the initiative of the ONU and General Assembly to draft a statute for the ICC.
During the draft of the statute, the international community established two ad hoc tribunals for crimes in the former Yugoslavia and Rwanda, underlying the increasing need for a permanent international criminal court.
On 17 July 1998, an International Criminal Court was finally born. 120 states adopted its statute, whereas 7 voted against it (21 abstained).
The Statute legally came into force on 1 July 2002, and the ICC can only prosecute crimes committed after that date.
1.2 India and the International Criminal Court
Indian government claims that is always been engaged in the promotion and protection of human rights at the international level[1]. Its concern in the matter has a confirmation in the active participation of India to the progressive development of the criminal law since 1948, with the aim of eradicating the most brutal crimes committed by the humankind.
In spite of its presumed commitment in the fight against any violation of human right, India consistently opposed the court. Together with United States, China and Russia, it is one of the critical States that have not joined the International Criminal Court.
India supports the ICC as institution and actively participated to the conference on the establishment of the International Criminal