International Law Commission: Accountability of those who commit crimes against UN peacekeepers must be fixed, says Indian member | Ahmedabad News – DollarJob

International Law Commission: Accountability of those who commit crimes against UN peacekeepers must be fixed, says Indian member | Ahmedabad News


Professor Bimal Patel, Indian member at the International Law Commission (ILC) and also the vice chancellor of Gandhinagar-based Rashtriya Raksha University, has proposed to the ILC that it should study the legal aspects of accountability of crimes committed against United Nation (UN) peacekeepers and “hopes that the proposal is accepted”.

The 75th session of ILC is scheduled to be held on April 29 to May 31 and from July 1 to August 2.

In an interview to The Indian Express, Patel said that he had proposed this last July. It will be examined by the ILC, following which, subject to the views of the 6th committee of the UN General Assembly, it may be taken up by the ILC next year, said Patel.

On the need to study the legal aspects of accountability of crimes against UN peacekeepers, Patel said: “In India itself, 111 – subject to correction – Indian peacekeepers, while performing duties under UN charter, have sacrificed their lives and the numbers are quite high. Now, if those who are called upon to contribute to peacebuilding, peace maintenance, and peacekeeping are the ones under attack, it is in the interest of all member states that accountability of those who are committing crimes against UN peacekeepers be fixed.”

“Otherwise, the contributing countries will be hesitant to perform their duties. They are performing their duties, at times in the most hostile situations, in countries where the governments have failed,” he added.

Festive offer

On South Africa’s application to the International Court of Justice (ICJ) seeking additional provisional measures against Israel after it declared attack on Rafah, Patel said that “when a country believes that a party to the Genocide Convention is not fulfiling its obligation, the Genocide Convention itself permits any country, whether it is directly affected or not, to approach the International Court of Justice”.

The ICJ had on February 16 rejected South Africa’s appeal, stating that no additional provisional measures were required. It had ruled, “Israel remains bound to fully comply with its obligations under the Genocide Convention and with the said order, including by ensuring the safety and security of the Palestinians in the Gaza Strip.”

Asked what happens when the conventions and treaties drafted by the ILC are violated, leading to conflicts, Patel said, “It is one thing to prepare a convention or treaty, it is another thing to implement. Implementation is done by the member states who sign or ratify the treaty.”

Advocating for the inclusion of India as a permanent member to the UN Security Council (UNSC), Patel said that India’s measures can have a more effective impact in the current situation of multiple conflicts across the world, including in Russia, Ukraine, Middle East and Africa.

“We do require every single member to adhere to what I would say law-based rule of international order, not rule-based international order, that is a verifiable distinction. Countries like India, if it was a member of the UNSC, our measures would perhaps have more effective impact, not only in the current situation but whenever there is threat to peace and security in the world,” Patel said.

“The current situation (ongoing conflicts in various parts of the world) requires that a country like India becomes a permanent member of the UNSC,” he added.


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