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India is amongst those nations which have neither signed nor acceded to the Rome Statute of the International Criminal Court. In this context discuss the chief apprehensions of India with respect to the statute and functioning of International Criminal Court.

Topic:  Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests. Effect of policies and politics of developed and developing countries on India’s interests,  Indian diaspora.

4. India is amongst those nations which have neither signed nor acceded to the Rome Statute of the International Criminal Court. In this context discuss the chief apprehensions of India with respect to the statute and functioning of International Criminal Court. (250 words)

The Hindu

Why this question:

The question is amidst the recent International Criminal Court’s probe into the alleged war crimes in Palestinian territories.

Key demand of the question:

One must analyse the relevance of Rome Statute of the International Criminal Court and the concerns that India has with its functioning.

Directive:

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction:

In brief explain what Rome Statute is.

Body:

The ICC began functioning on 1 July 2002, the date that the Rome Statute entered into force. The Rome Statute is a multilateral treaty that serves as the ICC’s foundational and governing document.

The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified or have otherwise become a party to, the Rome Statute of the International Criminal Court.

The ICC can prosecute only those individuals for war crimes who are nationals of states parties or who have committed the alleged crime in the territory of states parties.

Explain India’s stand with respect to it – The government of India has consistently opposed the Court. It abstained in the vote adopting the statute in 1998, saying it objected to the broad definition adopted of crimes against humanity; the rights given to the UN Security Council to refer and delay investigations and bind non-states parties; and the use of nuclear weapons and other weapons of mass destruction not being explicitly criminalized.

Conclusion:

Conclude with what should be the way forward and suggest solutions to the issue.

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