INDIA’S APPROACH TOWARDS ADJUDICATION BEFORE THE INTERNATIONAL COURT OF JUSTICE AND INTERNATIONAL CRIMINAL COURT: IN SEARCH OF UNIFORMITY

Authors

  • ABHINAV MEHROTRA
  • AMIT UPADHYAY

DOI:

https://doi.org/10.26619/1647-7251.15.2.13

Keywords:

India, International Criminal Court, International Court of Justice, India and International Law

Abstract

India’s status as a significant world power has strengthened in the last few decades as a member state to various international treaties and conventions. However, its practice of instrumentalisation and withdrawal through the reservations imposed to the compulsory jurisdiction of the International Court of Justice and the resistance to becoming a party to the Rome Statute to join the International Criminal Court has been the subject of discussion. In this paper, the authors discuss India’s approach to implementing the decisions arising from international disputes before the International Court of Justice by reflecting upon the history of its membership in the International Court of Justice and various bilateral and multilateral disputes to which India has been a party. Based on the specific cases, different arguments have been made to decipher the rationale behind the approach undertaken by India and the scholarly views on whether there is a need for change in its approach to establishing transparency about compliance with international law.

Author Biographies

ABHINAV MEHROTRA

Assistant Professor at Jindal Global Law School (India) and Assistant Director for the Centre for the Study of the United Nations, O.P. Jindal Global University. He teaches courses on Human Rights Law and Public International Law to law students. Abhinav holds an LL.M. in International Human Rights Law from the University of Leeds and an LL.B. degree from O.P. Jindal Global University. His most recent publications focused on justifying the Right to Internet Access as a Human Right, which has been in the prestigious Comparative Law Review, and another article titled “Need for a National Legislation on Refugees in India at 75” was published in India Quarterly. Also, the article “Crawford, TWAIL, and Sovereign Equality of States: Similarity and Differences” was published in the Australian Yearbook of International Law Volume 40 (2022). Further, a book chapter titled “Can European Mechanisms on Human Rights be Applied in South Asia?” has been published by Springer.

AMIT UPADHYAY

Associate Professor at Jindal Global Law School (India). He teaches Constitutional Law, Human Rights and International Law to undergraduate law students. Amit graduated with a B.A., LL.B. (Hons) degree from Amity Law School, New Delhi. He was awarded a prestigious DAAD scholarship to pursue further studies in European and International Law from Freie Universität, Berlin, Germany. He has been awarded several scholarships and fellowships to participate in academic conferences and programs worldwide by organisations like the Robert Bosch Foundation, German Academic Exchange Service (DAAD), BMZ and Konrad Adenauer Foundation etc. His recent publication includes a co-authored article with Assistant Prof. Abhinav Mehrotra, titled "Child Marriage, Sexual Abuse, and Muslim Personal Law: Contestations Around Age of Consent in Marriage in the Wake of Uniform Civil Code Debate in India", which was published in the Manchester Journal of Transnational Islamic Law and Practice.

Downloads

Published

2024-11-27

Issue

Vol. 15 No. 2 (2024): Novembro 2024-Abril 2025

Section

ARTICLES