Why in news
On December 4, 2024, the UNGA approved a resolution to begin negotiations on a treaty to prevent and punish Crimes Against Humanity (CAH).
This marks a significant step in addressing the gap in international accountability for CAH, which are currently only covered under the Rome Statute for individual responsibility.
Gaps in Accountability for CAH
Unlike genocide and war crimes, CAH lack a dedicated treaty, leading to gaps in accountability
Reasons for the treaty’s necessity:
Limited International Criminal Court (ICC) jurisdiction especially over non-member states
The need for state accountability, similar to the Genocide Convention, for failing to prevent CAH.
Expansion of CAH to include new crimes like gender apartheid, starvation, and exploitation of natural resources.
India’s Stand on the CAH Treaty
India is not a party to the Rome Statute and has consistently criticized the ICC, including its jurisdiction and exclusion of key crimes like nuclear weapons use and terrorism.
India opposes the inclusion of "enforced disappearances" as CAH and stresses that national courts are more suitable for dealing with CAH.
India also argues for a thorough discussion before adopting the treaty and is wary of duplication of existing frameworks.
India’s Domestic Legal Framework
India lacks domestic laws against international crimes like CAH, despite calls for such legislation.
While India insists on national jurisdiction over CAH, it has missed opportunities to address this in its criminal law, signaling a need for stronger legal action to combat impunity.
India should consider incorporating CAH into its domestic laws to play a leading role in ending impunity for serious human rights violations.
COMMENTS