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Terrorism and use of nuclear weapons are crimes against humanity says India

The Indian delegation also objected to the similarity between the articles proposed by the International Law Commission and the provisions of the Rome Statute of the International Criminal Court

Terrorism and use of nuclear weapons are crimes against humanity, says India / United Nations

 

The United Nations' Sixth Committee convened its 78th session to further discuss agenda item 80, focusing on Crimes against Humanity. As the main forum for addressing legal matters within the General Assembly, the Sixth Committee plays a crucial role in deliberating on such issues. The present session is taking place from Apr. 1 to 5 and 11. 

During the session, the General Assembly assigned agenda item 80 (crimes against humanity) to the Sixth Committee, prompting statements from 72 delegations during the debate.

The Indian delegation expressed concern about the omission of terror-related acts and the use of nuclear weapons from the definition of crimes against humanity in the draft articles on the prevention and punishment of such crimes, as recommended by the International Law Commission (ILC). 

“We fail to understand as to how and why such acts do not qualify for being referred to as crimes against humanity. In this context it would be worthwhile to note that over the past four decades, we have seen the devastation caused by terror-related activities,” the delegation said.

India believes that the country where a crime occurs should handle the prosecution of crimes against humanity. This ensures that justice is served, protects the rights of the accused, and considers the needs of the victims, it added. 

The Indian delegation also objected to the similarity between the articles proposed by the International Law Commission and the provisions of the Rome Statute of the International Criminal Court and the Convention on the Prevention and Punishment of the Crime of Genocide. “We are of the view that there should be no attempt to impose legal theories or definitions derived from other international agreements that do not enjoy universal acceptance. Our understanding is that those Member States that have not subscribed to the Rome Statute, have extant national legislation in place to deal with such offenses.”

The delegation also emphasized, “the country with territorial or active personality jurisdiction is most capable of effectively prosecuting crimes against humanity. This approach prioritizes justice, protects the rights of the accused, and considers the interests of victims and other relevant factors.”

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