Asia and the ICC: The development of international criminal law in a world changing order

Mahaseth, Harsh and Bansal, Ayushi (2022) Asia and the ICC: The development of international criminal law in a world changing order. International and Comparative Law Review, 21 (2). pp. 162-186. ISSN 24646601

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Abstract

Although Asia houses over 50 percent of world’s population, it is underrepresented in the ICC. This underrepresentation is due to rationales both legal and political in nature. While the Asian nations do lack enthusiasm towards ratifying the Rome Statute, there could be tangible benefits to becoming a part of the ICC. This could help in the ongoing development of international law in Asia as well as greater recognition of human rights, international justice and accountability, thus, further emphasizing the importance of the rule of law in the continent. The benefits of ratifying the Rome Statute outweigh any disadvantages, real or perceived, and thus, domestic steps need to be undertaken to lead to eventual ratification. This paper will trace the histories of International Criminal Law and analyse the Asian participation in its discourse while further exploring the reasons for the disinclination of the Asian nations to join the ICC.

Item Type: Article
Keywords: International Criminal Court | International Criminal Law | Asia | Rome Statute | Ambivalence
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 03 Apr 2022 10:45
Last Modified: 24 Jun 2022 05:57
Official URL: https://doi.org/10.2478/iclr-2021-0017
URI: https://pure.jgu.edu.in/id/eprint/2086

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