Every year on July 17th, ‘World Day for International Justice’ is celebrated across the globe. This day is considered extremely important to underline the significance of protecting human values, supporting human rights, and holding criminals accountable for serious international crimes. The historical significance of this day lies in the events of July 17, 1998. On this very day, the historic ‘Rome Statute’ was adopted.
The Rome Statute and the International Criminal Court
The Rome Statute is a crucial global agreement through which the ‘International Criminal Court’ (ICC) was established. The statute was approved in Rome on July 17, 1998, and officially came into force on July 1, 2002. Headquartered in The Hague, Netherlands, this court works to deliver justice to victims by prosecuting individuals who commit serious global crimes.
Jurisdiction of the Court and Four Core Crimes
According to the laws of the International Criminal Court, the focus is on four major crimes that threaten global peace:
- Genocide: Acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.
- Crimes Against Humanity: Violent attacks directed systematically or extensively against a civilian population.
- War Crimes: Acts committed in serious violation of the rules of international armed conflict.
- Crime of Aggression: The use of armed force by a state against the sovereignty or territorial integrity of another country.
Currently, more than 125 countries worldwide are part of the court’s jurisdiction. However, India has neither signed nor ratified the Rome Statute. Along with major nations like the United States, China, and Russia, India has stayed away from this agreement.
Why is India Not a Participant?
India’s decision not to accept this treaty is backed by certain solid legal and strategic viewpoints:
- Preservation of Sovereignty: India firmly believes that the administration of justice should be handled by a nation’s own supreme internal courts. Delegating the power to interfere in domestic legal matters to an international body is seen by India as inconsistent with its national sovereignty.
- Absence of Terrorism: Terrorism has not been included as a distinct crime within the Rome Statute. Combating terrorism remains the focal point of India’s security policy. India has little interest in joining an agreement that does not explicitly address terrorism.
- Fear of Political Bias: The United Nations Security Council (UNSC) has been granted special powers to refer or defer cases to the court. India objects that this framework could be politically motivated, raising the possibility of bias within the judicial process.
While the objective of delivering global justice is commendable, India’s stance has consistently protected its national autonomy and security interests. On the occasion of this International Criminal Justice Day, the collective hope is that the global justice system becomes more transparent and delivers fair justice to all.
Author: Adv. Shivraj Pratapsinh Kadam Jahagirdar (Former Vice President, My Legal Employer Association)
Disclaimer: This article has been published as an advertorial. The views and opinions expressed are solely those of the author and do not necessarily reflect the editorial views of My Legal Employer
