1. Origin
2. International bill of rights.
3. Generations of human rights
1st – civil rights
2nd – social economic
3rd – solidarity rights
4. Why human rights mechanism is weak? Countries are not interested in HR as such, it is means for their geopolitical aims. Approach is not neutral.
5. HR Machinery – UN HRC. When formed, members… main issues.
6. ICC – International Criminal Court
Why India has not joined ICC?
ICC was established in 2002. Up till now only states could be held responsible for human rights violation, now even private persons can also be held accountable.
It deals with the crimes of genocide, crimes against humanity and war crimes. It is highly criticized institution.
1. None of the major powers have joined.
2. It lacks any enforcement mechanism.
3. States refuse to cooperate.
4. It is accused of only targeting African countries. It is criticized for having racist agenda and a fraud investigation process.
What are India’s objections?
ICC does not include the use of nuclear weapons and terrorism as a crime against humanity as proposed by India.
ICC has been made subordinate to UNSC.
1. UNSC can refer a matter to ICC.
2. It can bind non state parties to ICC.
3. It can block ICC proceedings.
4. Hence for India, permenant members can misuse the platform.
5. It dilutes the sovereignty because prosecutor can initiate the investigation on its own and neutrality is always questionable.
Real reason
The real reason is it will create problems because India will be accountable for its actions in Kashmir and North East.
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