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Showing posts from September, 2017

Reparations for acts of Non-State Actors under International Law

Armed conflict leads to vast destruction and devastation, the kind of harm that can only be attempted to be corrected but can never actually be fully repaired. When punishing individuals of the grave transgressions as are under the subject matter jurisdiction of the International Criminal Court, it is necessary that the Court decide what function of punishment it wants to pursue - is it deterrence, retribution, punitive, restoration or reparation. While the International Military Tribunals at Nuremberg and Tokyo was largely retributive and there was no mention of victims at all, the International Criminal Tribunals for Yugoslavia and Rwanda acknowledged the purposes of punishment as deterrent and retributive as was illustrated in the case of Prosecutor v. Tadic (Case No. IT-96-21-Y, Judgment, 16 November 1998) and Prosecutor v. Akayesu (Case No. ICTR-96-4-T, Sentence, 2 October 1998), while some have recognized the reconciliation to be a purpose of punishment, Prosecutor v. Furundzij…

India's Role To Create a World Without Nuclear Weapons

[This article is written by our Empaneled Contributor Sarthak Roy] The UNSC (United Nations Security Council) recently passed Resolution 2371 to impose new sanctions on North Korea for its continued intercontinental ballistic missile (ICBM) tests and violations of UN resolutions. While 122 UN member countries are keen on a nuclear weapon free world, the nine nuclear weapon powers along with the 28 NATO nations chose to abstain from the adoption process on a Draft “Treaty on Prohibition of Nuclear Weapons” (TPNW) on 07 July 2017. These countries reasoned that the Draft Treaty will not be able to address threats to the existing international security architecture by flagrant violators of international law. Their reference was primarily to North Korean nuclear weapon capabilities. Senior advocate of Supreme Court of India Harish Salve who represented the country at the ICJ in 2016 against the Marshall Islands justified New Delhi’s refusal to sign the NPT based on “enlightened self-intere…