Article

India and the International Criminal Court : re-invigorating and re-visiting the non-ratification debate

Anuradha Rajesh Saibaba

• ISIL yearbook of international humanitarian and refugee law, Vol. 11, 2011, p. 189-213

English

This paper aims to critically map the mixed reactions invoked by States with the establishment of the world's first permanent criminal justice forum - the International Criminal Court. India's standoffishness towards the ICC is analysed by assessing the validity and relevance of the reservations expressed by the Indian establishment. The reasons for the marginal representation of Asian States within the ICC regime are also explored. The paper also critically examines the US-Indo partnership in thwarting the ICC's mandate in the sub-continent. Additionally the paper highlights the lacunae of the Indian domestic penal system in addressing some grave crimes and thereby advocates the necessity of ratifying the ICC. The paper concludes by suggesting the way forward to bridge the gap to infuse a culture of human rights and accountability.

• ISIL yearbook of international humanitarian and refugee law / THE INDIAN SOCIETY OF INTERNATIONAL LAW
• ISIL yearbook of international humanitarian and refugee law [Vol. 11, 2011] / THE INDIAN SOCIETY OF INTERNATIONAL LAW