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Subject: International Relations

  • Why NATO isn’t sending troops to Ukraine?

    Amid Russia’s war on Ukraine, the North Atlantic Treaty Organisation (NATO) has been rapidly deploying troops to member countries but has clarified that it has no plans of sending them to Ukraine.

    What is NATO?

    • NATO is a military alliance established by the North Atlantic Treaty (also called the Washington Treaty) of April 4, 1949.
    • It sought to create a counterweight to Soviet armies stationed in Central and Eastern Europe after World War II.
    • Its original members were Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, the United Kingdom, and the United States.
    • NATO has spread a web of partners, namely Egypt, Israel, Sweden, Austria, Switzerland and Finland.

    Why was it founded?

    Ans. Communist sweep in Europe post-WWII and rise of Soviet dominance

    • After World War II in 1945, Western Europe was economically exhausted and militarily weak, and newly powerful communist parties had arisen in France and Italy.
    • By contrast, the Soviet Union had emerged from the war with its armies dominating all the states of central and Eastern Europe.
    • By 1948 communists under Moscow’s sponsorship had consolidated their control of the governments of those countries and suppressed all non-communist political activity.
    • What became known as the Iron Curtain, a term popularized by Winston Churchill, had descended over central and Eastern Europe.

    Ideology of NATO

    • NATO ensures that the security of its European member countries is inseparably linked to that of its North American member countries.
    • It commits the Allies to democracy, individual liberty and the rule of law, as well as to the peaceful resolution of disputes.
    • It also provides a unique forum for dialogue and cooperation across the Atlantic.

    What is Article 5 and why is it needed?

    • Article 5 was a key part of the 1949 North Atlantic Treaty, or Washington Treaty, and was meant to offer a collective defence against a potential invasion of Western Europe.
    • It states: (NATO members) will assist the party or parties so attacked by taking forthwith, individually and in concert with the other parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.
    • However, since then, it has only been invoked once, soon after the 9/11 attack in the United States.

    Why has Article 5 not been invoked this time?

    • The reason is simple: Ukraine is a partner of the Western defence alliance but not a NATO member.
    • As a result, Article 5, or the Collective Defense Pledge, does not apply.
    • While NATO has said it will not be sending troops to Ukraine, it did invoke Article 4, which calls for a consultation of the alliance’s principal decision-making body, the North Atlantic Council.
    • In its history, it has only been activated half a dozen times.
    • But the fact that this time around eight member nations chose to invoke it was enough to demonstrate the seriousness of the situation at a global level.

    What may prompt NATO to invoke Article 5?

    • NATO will invoke Article 5 only if Russia launches a full-blown attack on one of its allies.
    • Some top US officials have warned of the impact of some of Russia’s cyberattacks being felt in NATO countries.
    • When you launch cyberattacks, they don’t recognize geographic boundaries.
    • Some of that cyberattack could actually start shutting down systems in eastern Poland.

    But what is NATO’s problem with Russia?

    • Russia has long been opposed to Ukraine’s growing closeness with European institutions, particularly NATO.
    • The former Soviet republic shares borders with Russia on one side, and the European Union on the other.
    • After Moscow launched its attack, the US and its allies were quick to respond, imposing sanctions on Russia’s central bank and sovereign wealth funds.

     

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  • Switzerland’s Neutral Foreign Policy

    Switzerland broke its 200-year long neutrality policy to sanction Moscow and its leaders.

    What is the news?

    • Switzerland announced that it would join the European Union (EU) in closing the Swiss airspace to Russian aeroplanes.
    • It also wished for imposing financial sanctions on Russian President Vladimir Putin and other leaders.

    Switzerland’s Policy of Permanent Neutrality

    • The tiny Alpine nation the size of Haryana has had a neutrality policy in place since 1815.
    • Its official website attests to this, noting that “permanent neutrality is a principle of Swiss foreign policy.”
    • Though it serves as the headquarters of several diplomatic missions and as the venue for historic treaties like the Geneva Convention, Switzerland is not a part of the European Union or NATO.
    • Historically, the Swiss had been famed warriors with expansionist ambitions until the 1500s when they lost the Battle of Marignano to the French.
    • The years that followed saw the Swiss shift its foreign policy to that of being an armed impartial state during wartime, a stance which was sorely tested in the decades that followed.

    The World Wars and Switzerland

    • Switzerland shares borders with Germany, France and Italy.
    • During WW II, Switzerland found itself surrounded by Axis forces, with Hitler describing the land-locked territory as “a pimple on the face of Europe”.
    • It used a combination of military deterrence, strategic planning and economic neutrality to hold its own in 1940s Europe.
    • Besides this, the Swiss pursued a policy of armed neutrality, putting into place compulsory military service (which continues till date) to maintain military readiness in event of an invasion.

    Recent deviations

    • Switzerland joined the United Nations as recently as 2002, putting an end to years to debate after 54 per cent of its population voting in favour of the move.
    • The Swiss federal government had said that it had weighed its neutrality and peace policy considerations into account to reach its decision.
    • The Swiss government has initially adopted a traditional and very narrow interpretation of neutrality, which translated to a decision to not issue any sanctions.
    • However, the Swiss parliament and citizens strongly pushed back, arguing that Russia’s massive military aggression cannot be tolerated.
    • This prompted the government to reconsider its position.

     

     

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  • What constitutes a War Crime?

    The International Criminal Court (ICC) in The Hague announced that it would open an investigation into possible war crimes or crimes against humanity in Ukraine.

    What are War Crime?

    • War crimes are defined as serious violations of humanitarian laws during a conflict.
    • There are specific international standards for war crimes, which are not to be confused with crimes against humanity.
    • The definition is established by the Rome Statute of the International Criminal Court (ICC).
    • It is derived from the 1949 Geneva Conventions and is based on the idea that individuals can be held liable for the actions of a state or its military.
    • There is a long list of acts that can be considered war crimes.
    • The taking of hostages, willful killings, torture or inhuman treatment of prisoners of war, and forcing children to fight are some of the more obvious examples.

    How to identify war crimes?

    To decide whether an individual or a military has committed a war crime, international humanitarian law lays down three principles:

    1. Distinction: This principle says that you have to be constantly trying to distinguish between civilian and belligerent populations and objects.
    2. Proportionality: It prohibits armies from responding to an attack with excessive violence. If a soldier is killed, for example, you cannot bomb an entire city in retaliation.
    3. Precaution: It requires parties to a conflict to avoid or minimize the harm done to the civilian population. For example, attacking a barrack where there are people who have said they no longer participate in the conflict can be a war crime.

    Do war crimes constitute to genocides?

    • The UN Office on Genocide Prevention and the Responsibility to Protect separates war crimes from genocide and crimes against humanity.
    • War crimes are defined as occurring in a domestic conflict or a war between two states.
    • However, genocide and crimes against humanity can happen in peacetime or during the unilateral aggression of a military towards a group of unarmed people.

    Discrepancy in defining war crimes

    • In practice, there is a lot of gray area within that list.
    • The laws of war do not always protect civilians from death. Not every civilian death is necessarily illegal.
    • Raids on a cities or villages, bombing residential buildings or schools, and even the killing of groups of civilians do not necessarily amount to war crimes — not if their military necessity is justified.
    • The same act can become a war crime if it results in unnecessary destruction, suffering and casualties that exceed the military gain from the attack.
    • Also civilian and military populations have become increasingly hard to distinguish

     

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  • Asian Infrastructure Investment Bank (AIIB)

    The Beijing-based Asian Infrastructure Investment Bank (AIIB) said it was putting on hold and reviewing all projects in Russia and Belarus.

    About AIIB

    • The Asian Infrastructure Investment Bank (AIIB) is a multilateral development bank with a mission to improve social and economic outcomes in Asia, began operations in January 2016.
    • It aims to stimulate growth and improve access to basic services by furthering interconnectivity and economic development in the region through advancements in infrastructure.
    • AIIB has now grown to 102 approved members worldwide. US & Japan are not its members.
    • It is a brainchild of China. It has invested in 13 member regions.

    Capital and shareholding of AIIB

    • It has authorized capital of US 100 billion dollars and subscribed capital of USD 50 billion.
    • It offers sovereign and non-sovereign finance for projects in various sectors with an interest rate of London Interbank Offered Rate (LIBOR) plus 1.15 % and a repayment period of 25 years with 5 years in grace period.
    • China is the largest shareholder in AIIB with a 26.06% voting power, followed by India with 7.62% and Russia with 5.92% voting power.

     

    Try this question from CSP 2019

    Q.With reference to Asian Infrastructure Investment Bank (AIIB), consider the following statements

    1. AIIB has more than 80 member nations.
    2. India is the largest shareholder in AIIB.
    3. AIIB does not have any members from outside Asia.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

     

     

    [wpdiscuz-feedback id=”si6cvunasz” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • What is WHO’s Pandemic Treaty?

    Members of the World Health Organisation (WHO) held the first round of negotiations towards the pandemic treaty on February 24, 2022.

    What is the Pandemic Treaty?

    • In December 2021, the World Health Assembly agreed to start a global process to draft the pandemic treaty.
    • The need for an updated set of rules was felt after the COVID-19 pandemic exposed the shortcomings of global health systems.
    • The Health Assembly adopted a decision titled “The World Together” at its second special session since it was founded in 1948.
    • Under the decision, the health organization established an intergovernmental negotiating body (INB) to draft and negotiate the contents of the pandemic treaty in compliance with Article 19 of the WHO Constitution.

    What is it likely to entail?

    • The pandemic treaty is expected to cover aspects like data sharing and genome sequencing of emerging viruses and equitable distribution of vaccines and drugs and related research.
    • Solutions to the COVID-19 pandemic have seen an inequitable distribution of vaccines so far, with poorer countries at the mercy of others to receive preventive medication.

    Why need such treaty?

    • Most countries have followed the “me-first” approach which is not an effective way to deal with a global pandemic.
    • A widely-accepted theory points that the novel coronavirus may have jumped from animals to humans in a wildlife market of China.
    • Many nations want a ban on wildlife markets.

    Issues in negotiations

    • While the EU wants the treaty to be legally binding, the U.S., Brazil and India have expressed reservations about the same.
    • The legal nature of the treaty is yet to be defined.

     What is Article 19 of the WHO Constitution?

    • Article 19 of the WHO Constitution gives the World Health Assembly the authority to adopt conventions or agreements on matters of health.
    • A two-third majority is needed to adopt such conventions or agreements.
    • The WHO Framework Convention on Tobacco Control was set up under Article 19 and it came into force in 2005.

     

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  • Egypt hikes Suez Canal transit fees for ship

    Cash-strapped Egypt increased transit fees for ships passing through the Suez Canal, one of the world’s most crucial waterways, with hikes of up to 10%.

    Suez Canal

    • The Suez Canal is an artificial sea-level waterway in Egypt, connecting the Mediterranean Sea to the Red Sea through the Isthmus of Suez; and dividing Africa and Asia.
    • Constructed by the Suez Canal Company between 1859 and 1869, it officially opened on 17 November 1869.
    • The canal was earlier controlled by British and French interests in its initial years but was nationalized in 1956 by Egypt’s then leader Gamal Abdel Nasser.
    • It extends from the northern terminus of Port Said to the southern terminus of Port Tewfik at the city of Suez.
    • Its length is 193.30 km including its northern and southern access channels.

    Its significance

    • The Suez Canal provides a crucial link for oil, natural gas and cargo being shipping from East to West.
    • About 10% of global trade, including 7% of the world’s oil, flows through the Suez Canal.
    • It provides a major shortcut for ships moving between Europe and Asia, who before its construction had to sail around Africa to complete the same journey.
    • As per a report, the canal is a major source of income for Egypt’s economy, with the African country earning $5.61 billion in revenues from it last year.

    Try this PYQ:

    Q.Between India and East Asia, the navigation time and distance can be greatly reduced by which of the following?

    1. Deepening the Malacca straits between Malaysia and Indonesia.
    2. Opening a new canal across the Kra isthmus between the Gulf of Siam and Andaman sea.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”3lvew8ij5q” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Escaping the global sanctions net

    Context

    A shift is taking place in the business of global dominance and hegemony, from the model of expressing force through troop presence to financial sanctions. It is led by the US and has become recently visible in the US and EU sanctions on Russia.

    How sanctions works

    • Sanctions are designed by the government and implemented by both profit-making and non-profit private enterprises, domestic and international NGOs (including the United Nations).
    • From rule-bound globalism, there is a move to an understanding of the management of individual economies, bound together by multiple networks of investment and trade.
    • This is a global economy of individual rivalries between countries and corporations, continually shifting alliances, and contingencies overtaking assumed structural certainties.
    • A system of licencing: In Afghanistan, financial manipulations from afar in the form of sanctions may result in subjecting trading activities and investment ventures to the approval of the US Treasury through a system of licencing.
    • This may give the US a say in who trades with whom, but already China has found ways of working with or around US sanctions in several countries, including Iran.
    • Confiscation of foreign exchange reserves: Another way of exerting control from afar is through the confiscation of foreign exchange reserves in American banks.
    • Following the withdrawal of the American troops on August 15, the US froze Afghanistan’s foreign exchange reserves of $7 billion deposited in the New York Federal Bank.

    Issues with sanctions

    • An economic lever to China: Sanctions offer economic lever to China in its dealings with the Taliban, to the Chinese state-owned enterprises and private corporations with an opportunity to invest in Afghanistan’s infrastructure, linking it to the Belt and Road project, and in its rich mineral resources of copper, cobalt, and lithium.
    • Implications for India: China could also use this as an opportunity to unite investments in Afghanistan and Pakistan, isolating India.
    • Evading the sanction:  China and Russia, in concert, may provide a way out of the sanctions regime.
    • Possibility for China in Middle Eurasia: Russian military and political escalation to re-institute control over former Soviet regions, including Ukraine, Belarus, and Kazakhstan, and the rapprochement between China and Russia against the West, may open up new possibilities for China in Middle Eurasia.
    • Banning Russia from SWIFT is not effective: Banning Russia from the SWIFT system of international payments is a problem for the global financial system.
    • The Russian economy is more isolated, protected and less reliant on international funding than was the Afghan economy.
    • The impact of any disruption in Russian exports of oil, gas, palladium, wheat and fertiliser at a time when those prices are barely recovering from inflationary pressures caused by Covid-19 disruptions, is likely to offset any leverage the Western sanctions may hope to gain.

    Conclusion

    In the new game, the Western alliance led by the US seems lost in a maze of sanctions, largely ineffective in a global economy, the control of which is eluding its grip.

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  • Doubts over Defence Supplies to India

    With tensions escalating between Russia and the West over the Ukraine crisis, India, which has major defence cooperation with Moscow and Kyiv, faces uncertainty over timely deliveries of the S-400.

    About S-400

    • The S-400 is known as Russia’s most advanced long-range surface-to-air missile defence system, capable of destroying hostile strategic bombers, jets, missiles and drones at a range of 380-km.

    US reservations against S-400 purchase

    • The US has made it clear that the delivery of the five S-400 systems is considered a “significant transaction”.
    • Such deals are considered under its Countering America’s Adversaries Through Sanctions Act (CAATSA) of 2017.
    • It could trigger sanctions against Indian officials and the Government.

    About CAATSA

    • The CAATSA is designed to ensure that no country is able to increase military engagement with Iran, North Korea and Russia without facing deterrent punitive action from the US.
    • The sanctions are unilateral, and not part of any United Nations decision, and therefore no country is bound to accept them.
    • Section 231 says the President shall impose no fewer than five different sanctions on any Government that enters into a significant defence or intelligence deal with Russia.
    • Section 235 lists 12 options, including stopping credit lines from US and international banks such as the IMF, blocking sales of licensed goods and technology, banning banks, manufacturers and suppliers, property transactions and even financial and visa sanctions on specific officials.
    • However, the law also empowers the President to waiver sanctions or delay them if the waiver is in the US’s “vital national security interests”.

    Has the US used CAATSA before for S-400 sales?

    • The US has already placed sanctions on China and Turkey for purchase of the S-400.
    • The sanctions included denial of export licences, ban on foreign exchange transactions, blocking of all property and interests in property within the US jurisdiction and a visa ban.

    Types of sanctions laid

    • In 2020, the US sanctioned its NATO partner Turkey, which it had warned about CAATSA sanctions for years, besides cancelling a deal to sell Ankara F-35 jets.
    • The sanctions on Turkey’s main defence procurement agency, also included a ban on licences and loans, and blocking of credit and visas to related officials.

    Likely impacts after India’s purchase

    • The Biden administration has no firm indication on where it leans on India’s case.
    • However, several senators (US parliamentarians) have called upon the Biden administration to consider a special waiver for India.
    • This is on account of India’s importance as a defence partner, and as a strategic partner on US concerns over China and in the Quad.
    • Other US leaders thinks that giving a waiver to India would be the wrong signal for others seeking to go ahead with similar deals.

    India’s dependence on Russia

    • While Russia has been a traditional military supplier sharing platforms and technologies that others would not, the cooperation has further deepened in recent years.
    • The defence trade between the two countries has crossed $15 billion since 2018.
    • Even today, over 60% of Indian military inventory is of Russian origin, especially with respect to fighter jets, tanks, helicopters and submarines among others, while several deals are in the pipeline.

    Why is the S-400 deal so important to India?

    • Security paradigm: S-400 is very important for India’s national security considerations due to the threats from China, Pakistan and now Afghanistan.
    • Air defence capability: The system will also offset the air defence capability gaps due to the IAF’s dwindling fighter squadron strength.
    • Russian legacy: Integrating the S-400 will be much easier as India has a large number of legacy Russian air defence systems.
    • Strategic autonomy: For both political as well as operational reasons, the deal is at a point of no return.

    Conclusion

    • The deal is a way for the Government to assert its strategic autonomy.
    • India had earlier agreed to stop buying Iranian oil over the threat of sanctions in 2019, a move that caused India both financial and reputational damage.
    • Not giving in to the US’s unilateral sanctions would be one way to restore some of that.

     

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  • Controversy around the $500 million MCC grant to Nepal

    Nepal’s House of Representatives has ratified 500 million US Dollar grant assistance-Millennium Challenge Corporation (MCC) pact along with the “interpretative declaration”.

    What is Millenium Challenge Corporation?

    • The MCC was founded in 2004 as a US foreign aid agency that acts in accordance with governments that have demonstrated a commitment to good governance, economic freedom, and citizen investment.
    • It was envisioned as an organisation that would follow the Paris Declaration on Aid Effectiveness’ key principles.
    • MCC works with countries that have been identified as being eligible for assistance to develop programmes that are based on MCC’s purpose of decreasing poverty via economic growth.
    • MCC’s results framework, which is based on the fourth and fifth principles of the Paris Declaration, Results and Mutual Accountability.
    • It provides a framework for applying the agency’s rigorous methods for projecting, tracking, and evaluating the effects of its programmes.
    • MCC uses this framework to address basic questions about aid effectiveness.

    Investments made by MCC

    • Compact and threshold programmes are the two types of programmes in which MCC invests.
    • Compacts are large, five-year grants implemented by an accountable entity established by each partner nation.
    • Thresholds are smaller funds focusing on policy and institutional transformation in selected countries implemented by MCC.

    The background of the project

    • MCC’s partnership with Nepal began in 2011, when the country requested assistance.
    • MCC first chose Nepal for a smaller threshold grant, and subsequently in December 2014, for a larger compact.
    • Three years later, in September 2017, the MCC-Nepal compact was signed, with the US committing $500 million and Nepal committing $130 million.
    • Nepal is expected to generate an electricity infrastructure with 400kVA transmission lines through the MCC project, which will be used to distribute power both domestically and to India.
    • Furthermore, the MCC’s implementation could boost the Nepalese economy by increasing employment possibilities and increasing per capita income.

    Issues with the project

    • It is estimated that if the agreement is not passed by Parliament, the power producers in the country are likely to lose a staggering Rs. 142 billion every year.
    • As a result, PM Sher Bahadur Deuba is striving to get the MCC passed in Parliament as soon as possible, even if it means splitting the coalition government.
    • In addition, if he fails to get it through Parliament, there is a possible risk of losing his international credibility.

    America vs China: Objections around MCC

    • The MCC agreement has created a political divide in Nepal.
    • The compact has been criticised in Nepal as endangering the country’s sovereignty, integrity, and constitutional autonomy.
    • The claim that the MCC agreement supersedes the national charter and shall prevail over Nepal’s domestic laws.
    • Many have interpreted this to suggest that the compact replaces the constitution, compromising Nepal’s sovereignty.
    • The MCC’s inclusion in the Indo-Pacific Strategy (IPS) is considered problematic for Nepal, as the majority of the country’s political class views the US strategy as anti-China.

    India’s role in the ongoing political crisis in Nepal

    • Few claim that the electricity generated by MCC will be only for export to India and will not be for the local public.
    • As a result, it will not benefit the local economy directly.
    • Nepal’s hydroelectric generation potential is huge, with over 6,000 large and small rivers.
    • However, through a series of barrages and dams, India has control over the majority of Nepal’s major rivers.
    • Nationalists in the Himalayan country have strongly objected to this.
    • In Nepal, where India is still perceived as a meddling big brother, its goal of strengthening India’s military capabilities through this agreement to counter China’s was questioned.

     

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  • What is the International Court of Justice?

    Ukraine has filed an application before the International Court of Justice (ICJ), instituting proceedings against the Russian Federation for committing Genocide.

    International Court of Justice

    • The ICJ is the principal judicial organ of the United Nations (UN).
    • It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
    • The court is the successor to the Permanent Court of International Justice (PCIJ), which was brought into being through, and by, the League of Nations.
    • It held its inaugural sitting at the Peace Palace in The Hague, Netherlands, in February 1922.

    Its establishment

    • After World War II, the League of Nations and PCIJ were replaced by the United Nations and ICJ respectively.
    • The PCIJ was formally dissolved in April 1946, and its last president, Judge JosĂ© Gustavo Guerrero of El Salvador, became the first president of the ICJ.
    • The first case, which was brought by the UK against Albania over concerning incidents in the Corfu channel — the narrow strait of the Ionian Sea between the Greek island of Corfu and Albania.

    Seat and role

    • Like the PCIJ, the ICJ is based at the Peace Palace in The Hague.
    • It is the only one of the six principal organs of the UN that is not located in New York City.
    • The other five organs are:
    1. General Assembly
    2. Security Council
    3. Economic and Social Council
    4. Trusteeship Council
    5. Secretariat
    • The court as a whole must represent the main forms of civilization and the principal legal systems of the world.
    • The judges of the court are assisted by a Registry, the administrative organ of the ICJ. English and French are the ICJ’s official languages.

    Jurisdiction of ICJ

    • All members of the UN are automatically parties to the ICJ statute, but this does not automatically give the ICJ jurisdiction over disputes involving them.
    • The ICJ gets jurisdiction only if both parties consent to it.
    • The judgment of the ICJ is final and technically binding on the parties to a case.
    • There is no provision of appeal; it can at the most, be subject to interpretation or, upon the discovery of a new fact, revision.
    • However, the ICJ has no way to ensure compliance of its orders, and its authority is derived from the willingness of countries to abide by them.

    Judges of the court

    • The ICJ has 15 judges who are elected to nine-year terms by the UN General Assembly and Security Council, which vote simultaneously but separately.
    • To be elected, a candidate must receive a majority of the votes in both bodies, a requirement that sometimes necessitates multiple rounds of voting.
    • Elections are held at the UNHQ in New York during the annual UNGA meeting.
    • A third of the court is elected every three years.
    • The judges elected at the triennial election commence their term of office on February 6 of the following year.
    • The president and vice-president of the court are elected for three-year terms by secret ballot. Judges are eligible for re-election.

    India in ICJ

    • Four Indians have been members of the ICJ so far.
    • Justice Dalveer Bhandari, former judge of the Supreme Court, has been serving at the ICJ since 2012.
    • Former Chief Justice of India R S Pathak served from 1989-91, and former Chief Election Commissioner of India Nagendra Singh from 1973-88.
    • Singh was also president of the court from 1985-88, and vice-president from 1976-79.
    • Before him, Sir Benegal Rau, who was an advisor to the Constituent Assembly, was a member of the ICJ from 1952-53.

    Indian cases at the ICJ

    • India has been a party to a case at the ICJ on six occasions, four of which have involved Pakistan.
    • They are:
    1. Right of Passage over Indian Territory (Portugal v. India, culminated 1960);
    2. Appeal Relating to the Jurisdiction of the ICAO Council (India v. Pakistan, culminated 1972);
    3. Trial of Pakistani Prisoners of War (Pakistan v. India, culminated 1973);
    4. Aerial Incident of 10 August 1999 (Pakistan v. India, culminated 2000);
    5. Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. India, culminated 2016); and
    6. (Kulbhushan) Jadhav (India v. Pakistan, culminated 2019).

    Back2Basics:

    BASIS INTERNATIONAL CRIMINAL COURT INTERNATIONAL COURT OF JUSTICE
    Relationship with the United Nations Independent; UN Security Council may refer matters to it Primary judicial branch of the UN.
    Members 105 members 193 members (all members of the United Nations).
    Derives authority from The Rome Statute Charter of the United Nations and the Statute of the International Court of Justice.
    Scope of work Criminal matters – investigating and prosecuting crimes of genocide, crimes against humanity, and war crimes Civil matters- settling legal disputes between the member-states and giving advisory opinions on international legal issues
    Jurisdiction Only the member nations of the ICC, which means around 105 countries. Can try individuals. All the member nations of the UN, which means 193 countries. Cannot try individuals and other private entities.
    Composition 1 prosecutor and 18 judges, who are elected for a 9-year term each by the member-states which make up the Assembly of State Parties with all being from different nations 15 judges who are elected for a 9-year term each and are all from different nations.
    Funding Funded by state parties to the Rome Statute and voluntary contributions from the United Nations, governments, individual corporations, etc. Funded by the UN.

     

     

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