Can K.P.S. Gill be tried for crimes against humanity in an international court?
International and special tribunals and courts for crimes against humanity and war crimes have been created by the United Nations Security Council and consenting nations in the aftermath of horrific civil conflict – such as the International Criminal Tribunal for the Former Yugoslavia (ICTY) in 1993, the International Criminal Tribunal for Rwanda (ICTR) in 1994, and the Special Court in Sierra Leone. In 2002, the International Criminal Court entered into force to systematize the prosecution of war crimes, including genocide, torture, rape, and other violations of international humanitarian law. However, Indian officials cannot be held accountable in the ICC because the ICC’s jurisdiction does not encompass crimes committed before 2002 and the ICC does not have jurisdiction over India since India has not ratified the relevant statute. Additionally, India continues to hold a sizable influence over the UN system. This influence, while a hindrance to pursuing the most direct measures of ac