Former Philippine President Duterte is arrested by the ICC

Accusations of crimes against humanity followed his brutal "war on drugs" during his rule, which claimed the lives of almost 6,000 suspects, the majority of whom were young, destitute urban men, according to the UN.

Furthermore, the International Criminal Court (ICC) had previously issued an arrest order against Russian President Vladimir Putin for alleged war crimes in Ukraine.

The International Criminal Court (ICC)

The first permanent international court in the world, the International Criminal Court (ICC) was established to look into and bring charges against those who are suspected of serious international crimes.

Under the Rome Statute (1998), the establishment, which consists of 125 member states, has jurisdiction over four fundamental offences:

Genocide is the intentional destruction of a national, ethnic, racial, or religious group.

Jurisdiction: The ICC may have jurisdiction over crimes committed by State Party nationals or on State Party property.

A non-member state willingly consents to ICC jurisdiction.

The UN Security Council has the authority to refer a case to the ICC (Chapter VII of the UN Charter).Either on their own initiative or at the request of a State Party, the ICC Prosecutor opens an inquiry.

Enforcement Difficulties:

Because it lacks a police force of its own, the ICC relies on state cooperation for arrests and extraditions. Governments that are not members—such as the US, China, India, Russia, Israel, and others—are not obliged to cooperate.

Why Can't India Join the ICC?

For the following reasons, India has refused to ratify the Rome Statute:

Political Interference and Sovereignty: Because of its deference to the UN Security Council, there are concerns that the ICC may be politically abused. The power to bind non-member states is an infringement on India's concept of sovereignty.

Broad Authority of the ICC Prosecutor: The ICC Prosecutor has the authority to initiate investigations suo motu, or independently, without a State Party referral. There are concerns that this broad power might be misused for political purposes.

Important Security Issues Are Left Out: The ICC has no authority over terrorism or the use of nuclear weapons. India believes that since these issues pose significant security risks, they should be addressed.