UNSC Referrals at ICC: An Unnecessary Evil and the Problem of Impunity

In this article the author argues that UNSC referrals to the ICC perpetuate selective impunity and undermine the ICC’s legitimacy by allowing permanent UNSC members (USA, Russia, China) to shield themselves and their allies from prosecution. This selective application of justice creates a perception of bias and unequal treatment, particularly affecting African nations and leading to increased state withdrawals from the Rome Statute. To address this legitimacy deficit, the article proposes granting universal jurisdiction to the ICC, ensuring that anyone committing atrocities can be prosecuted regardless of their state’s party status, thereby promoting a more egalitarian and credible international justice system. Continue reading UNSC Referrals at ICC: An Unnecessary Evil and the Problem of Impunity

Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 2)

The second part of the series uses Ronald Dworkin to elaborate upon how constitutional rights would function as limitations that must be observed by courts to ensure that the interpretive discourse retains ‘justice-qualities’ in the light of broad and vague provisions of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 2)

Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 1)

This blog series throws light upon the controversy surrounding ‘Lakshadweep Prevention of Anti-Social Activities Regulation 2021’ using the understanding of the core and penumbra. The first part of the series shows how open texture inhabits most of the provisions of the Goonda Act and how it can prejudice the adjudication process. Further, the first part shows that reversion to ‘rights’ as indicators of ‘justice-quality’ of judicial discourse is apt in ‘Hard Cases’ in the backdrop of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 1)