INDIA AND THE INTERNATIONAL CRIMINAL COURT: ENGAGEMENT, RESISTANCE, AND FUTURE PROSPECTS

Abstract

India’s relationship with the International Criminal Court (ICC) has been marked by cautious engagement, strategic resistance, and unresolved tensions. Despite being a key player in global governance and international law, India has chosen not to ratify the Rome Statute, citing concerns over sovereignty, selective justice, and the Court’s jurisdictional reach. This chapter examines India’s historical and political stance toward the ICC, analyzing the factors behind its non-membership, including geopolitical considerations, opposition to the ICC’s perceived Western bias, and domestic legal constraints. It also explores India’s indirect engagement with the ICC through multilateral forums, peacekeeping contributions, and advocacy for Global South representation in international justice mechanisms. Looking ahead, the chapter assesses potential pathways for India’s future engagement with the ICC—whether through conditional cooperation, reforms in the Court’s structure, or alternative transitional justice models. By evaluating India’s position within broader debates on international criminal justice, this chapter sheds light on the challenges and opportunities for the ICC in securing wider global legitimacy.