Content:
- Positive Direction
- Crimes Against Humanity and an Obtuse Indian Stance
- Should Legislatures in India Have Fixed Tenures?
Positive Direction
Context :
- First meeting of Special Representatives (SRs) since 2019.
- Resumed after a pause caused by the military standoff in 2020.
- Held as per the mandate set by Prime Minister Narendra Modi and President Xi Jinping during October 2023 talks in Kazan.
Relevance : GS 2(International Relations )
Practice Question : In light of the recent revival of boundary talks between India and China, critically analyze the opportunities and challenges in fostering positive bilateral ties while safeguarding national interests.”(250 words)
Milestone Developments:
- Ajit Doval’s visit to Beijing, the first since 2020, marked a thaw in high-level engagements.
- Focus on boundary dispute and resolution of Line of Actual Control (LAC) issues, spanning 3,500 km.
Key Agreements and Renewed Initiatives:
- Restart of the Kailash-Mansarovar Yatra and border trade in Sikkim.
- Data sharing on trans-boundary rivers.
- Potential restoration of ties in suspended sectors:
- Direct flights.
- Liberalisation of business and student visas.
- Journalist exchanges.
Boundary Talks Outcomes
Six Consensuses (China’s Perspective) and Positive Directions (India’s Perspective):
- Continued implementation of the LAC de-escalation process.
- Reaffirmation of the 2005 Eleven-article agreement to guide boundary resolution.
- Strengthened Confidence Building Measures (CBMs) at the border.
- Cross-border exchange enhancements for better bilateral relations.
- Improved coordination between:
- Special Representatives (SR) mechanism.
- Working Mechanism for Consultation and Coordination (WMCC).
- Agreement to hold the next SR meeting in India (2025).
Strategic Importance
Timing:
- Meeting held ahead of 75 years of diplomatic relations in 2025.
- Aligns with India’s likely participation in the Shanghai Cooperation Organisation (SCO) Summit in China.
Momentum in Engagement:
- Reflects renewed willingness to re-establishdialogue and functional mechanisms.
- Bilateral trade continued despite four years of military tensions, underscoring economic interdependence.
Challenges and Cautions
Security Concerns:
- Military transgressions by the People’s Liberation Army (PLA) in 2020.
- Risks of repetition if buffer zones are dismantled without restoring status quo ante.
Transparency Issues:
The need for clear and public communication about:
- Future steps in normalising relations.
- Progress on de-escalation and de-induction at the border.
- Mechanisms for preventing future aggression.
Unresolved Issues:
- De-escalation and de-induction are incomplete processes.
- Restoration of status quo ante (pre-2020 situation) remains a key demand for India.
Way Forward
Comprehensive Resolution:
- Maintain focus on resolving the boundary dispute, guided by the 2005 agreement.
- Strengthen SR and WMCC frameworks for sustained dialogue.
Trust-building Mechanisms:
- Expand Confidence Building Measures (CBMs) to reduce border tensions.
- Resume people-to-people connections to build goodwill.
Strategic Vigilance:
- Ensure a robust deterrence strategy at the India-China boundary.
- Avoid situations leading to unilateral transgressions or escalation.
Diplomatic Engagements:
- Leverage upcoming diplomatic milestones (SCO Summit, 75th anniversary) to ensure substantive progress.
- Balance economic interdependence with strategic caution.
National Interest Prioritisation:
- Focus on transparency with the domestic audience to build trust in the government’s handling of China relations.
- Avoid hasty normalization until core security concerns are addressed.
Crimes Against Humanity And An Obtuse Indian Stance
Context
- Adoption of Resolution: On December 4, 2024, the UNGA approved a resolution initiating negotiations for a treaty on crimes against humanity (CAH).
- Background: This step follows the International Law Commission’s (ILC) draft CAH treaty submitted to the UNGA in 2019, marking a significant milestone in combating impunity for CAH.
Relevance : GS 2(Social Justice )
Practice Question : Explain the necessities of separate crimes against humanity treaty (CAH ) highlighting its advantages and implementational challenges .( 250 Words )
Understanding Crimes Against Humanity (CAH)
Definition under the Rome Statute:
- Acts such as murder, extermination, enslavement, deportation, torture, imprisonment, and rape when part of a widespread or systematic attack against civilians.
Existing Legal Frameworks:
- Genocide and war crimes have dedicated treaties (Genocide Convention, Geneva Conventions).
- CAH are governed only under the Rome Statute, creating a legal gap for accountability.
Historical Codification:
- First defined in the 1945London Charter (Nuremberg Tribunal).
- Subsequently included in the statutes of international tribunals for Yugoslavia and Rwanda.
Why a Dedicated CAH Treaty is Necessary
Limitations of the ICC:
- ICC jurisdiction is restricted to member states, leaving perpetrators in non-member states unaccountable.
- Focuses only on individual responsibility, omitting state accountability.
State Accountability:
- A CAH treaty would obligate state parties to prevent CAH, akin to the Genocide Convention.
- States failing to meet these obligations could face jurisdiction under the International Court of Justice (ICJ).
Expanded Scope of CAH:
- Potential to include acts such as starvation, gender apartheid, forced pregnancy, terrorism, and crimes against indigenous populations.
India’s Position on the CAH Treaty
Non-Party to the Rome Statute:
India has consistently objected to ICC provisions, including:
- ICC prosecutor’s powers.
- Role of the UN Security Council in referring cases.
- Exclusion of nuclear weapons and terrorism as CAH.
Key Concerns with the CAH Treaty:
- Prefers inclusion of crimes only during armed conflicts, not peacetime.
- Opposes inclusion of “enforced disappearance” as CAH.
- Advocates for terrorism and use of nuclear weapons as CAH.
Scepticism about Duplication:
- India argues that the CAH treaty may duplicate existing mechanisms under the Rome Statute.
- Asserts national legislation and courts as better suited to address CAH.
India’s Domestic Challenges
Lack of Domestic Legislation:
- India has no specific laws addressing CAH or genocide.
- Justice S. Muralidhar (2018): Highlighted the lacuna in India’s criminal law.
Missed Opportunities:
- Recent amendments to India’s criminal law failed to include provisions for CAH.
- Reflects a lack of focus in domestic policy discourse on addressing international crimes.
Consistency with Position:
- India’s insistence on domestic jurisdiction contrasts with its lack of relevant legal frameworks.
Opportunities for India
Incorporating CAH into Domestic Law:
- Enacting national legislation for CAH would align with India’s position on primacy of domestic jurisdiction.
- Strengthens accountability mechanisms for grave human rights violations.
International Leadership:
- Adopting progressive policies on CAH would enhance India’s stature as a global leader in human rights advocacy.
Expanding Definitions:
- India could push for inclusion of terrorism and nuclear weapon use in the CAH treaty, reflecting its national security priorities.
Way Forward
Policy Actions:
- Conduct in-depth studies to align CAH definitions with India’s concerns.
- Advocate for flexibility in treaty negotiations to include India’s priorities.
Domestic Reforms:
- Amend penal laws to include CAH and other international crimes.
- Build institutional capacity to address violations at national and regional levels.
Strategic Engagement:
- Leverage negotiations to shape treaty provisions reflecting India’s stance.
- Collaborate with like-minded states to influence definitions and mechanisms.
Should Legislatures in India Have Fixed Tenures?
Proposal: The Constitution (129th Amendment) Bill, 2024, aims to align State Assemblies’ terms with the Lok Sabha and hold mid-term elections only for the remainder of the five-year term.
Relevance : GS 2(Polity and Governance )
Practice Question : Evaluate the reasons in favour and against of simultaneous elections .(250 Words )
Governance and Stability:
- Proponents: Stability and focus on development.
- Critics: Regular elections enhance accountability.
Federalism and Autonomy:
- Proponents: Standardizes election timings.
- Critics: May undermine State legislatures’ autonomy.
Electoral Expenditure:
- Proponents: Reduces election costs.
- Critics: Savings may not lead to significant developmental investments.
Political Instability:
- Proponents: Deters destabilization tactics.
- Critics: Needs complementary reforms to be effective.
Global Models:
- UK: Fixed-term Parliaments Act led to constitutional crises.
- Germany: Constructive vote of no-confidence impractical in India.
Political Plurality:
- Concerns: Simultaneous elections may favor one party.
- Evidence: Historical data dismisses this concern.
Addressing Deadlocks:
- Provisions: Mid-term elections for political stalemates.
- Critics: Reduced tenure may compromise governance.
Broader Implications:
- Erosion of Autonomy: Risks centralizing power.
- Flexibility vs. Stability: Fixed terms provide stability but need flexibility for political exigencies.
