T he creation of a legal and jurisdictional ambiguity with respect to Nepalese Gorkha troops of the Indian Army has now been confirmed to StratPost by army lawyers.
StratPost had earlier reported that if the Nepalese government were to execute the earlier parliamentary resolution directing the executive to accede to the Rome Statute of the International Criminal Court, this would create an ambiguity as regards jurisdiction over Nepalese Gorkha troops in the Indian Army.
Articles 12 and 13 of the Rome Statute, the court’s constitution, say the court may exercise jurisdiction over nationals of all states that are parties to the Rome Statue. Were Nepal to accede to the statute, Nepalese Gorkhas in the Indian Army’s Gorkha Rifle regiments too would come under the jurisdiction of the court. Any jurisdictional ambiguity could render these troops undeployable as far as the Indian Army is concerned.
“The ICC would gain jurisdiction over these troops,” admits an army lawyer. He also goes on to explain, “There will be problems as far as deployment is concerned. The army cannot deploy these troops when, by their mere presence, they may render any operation liable for scrutiny by the ICC.”
