India And the International Criminal Court: Legal and Political Challenges

ABSTRACT

This paper looks closely at India’s legal and political position regarding the International Criminal Court (ICC). Although India participated in the Rome Conference in 1998, it has not signed the Rome Statute because of concerns about sovereignty, how prosecutors operate, and the role of the United Nations Security Council. The research investigates India’s worries about the Court’s authority, particularly over countries that are not members, and the consequences of no immunity for heads of state. Politically, India is careful, mentioning global power imbalances, selective prosecution, and threats to its national security, especially in areas like Kashmir and the Northeast. The paper also assesses India’s commitment to international humanitarian law (IHL) and criminal accountability through its domestic laws and treaties, even though it is not a member of the ICC. Through case studies, such as India’s invitation to Sudanese President Omar al-Bashir and comparisons with other countries critical of the ICC, the study highlights the geopolitical and diplomatic challenges influencing India’s position. The last section discusses potential ways for India to engage and push for reform, suggesting a balanced path where India can work with the ICC without fully joining, while supporting institutional changes. This study seeks to provide a thoughtful perspective on whether India can and should adjust its relationship with the ICC as it aims to become a global leader in norms and a permanent member of the United Nations Security Council.