Chapter

Failed notions and lost opportunities : revisiting India's standpoint on the International Criminal Court

Sanoj Rajan

Human rights and international criminal law

Leiden ; Boston : Brill Nijhoff, 2022

p. 253-280

English

Bibliography : p. 275-280

This chapter focuses on the general premise that since 'India has efficient law enforcement mechanisms and an active judiciary, its actions need not and should not be open to scrutiny by an international institution,' and contributes to the existing scholarship on the importance of India joining the ICC. The chapter approaches the topic in three parts. The first part delivers an analysis of various mass crimes committed in India since independence and assesses how the Indian legal system has handled them. The second part examines the ability of India's present legal framework to deal with mass crimes under the Rome Statute; this includes exploring the judgments of various Indian Courts. The third concluding part advocates the need for a strong legal mechanism in India for prosecuting crimes included in the Rome Statute and highlights the merits of acceding to the ICC.

• Human rights and international criminal law / edited by Borhan Uddin Khan and Md Jahid Hossain Bhuiyan