The 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. “The army cannot deploy these troops when, by their mere presence, they may render any operation liable for scrutiny by the ICC,” said one lawyer.
Tag: International Criminal Court
Rwandan envoy in India faces genocide charges
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In 2006, French Judge Jean-Louis Bruguiere issued warrants for the arrest of several Rwandan leaders including the current Rwandan President Kagame as well as Ambassador Nyamwasa to be tried for alleged complicity in the killing of the ethnic Hutu President Juvenal Habyarimana which sparked off the genocide of ethnic Tutsis in Rwanda in the 1990s.
But again in February this year, in a case reminiscent of the Pinochet case, a Spanish court indicted 40 Rwandans including Ambassador Nyamwasa for several counts of genocide, human rights abuses and terrorism in the 1990s.
India’s Gorkha Rifle regiments to become undeployable?
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In July 2006, the Nepalese Parliament ordered the Government to ratify the Rome Statute of the International Criminal Court. According to Articles 12 and 13 of the Statute, the Court can exercise jurisdiction over any crime committed in the territory of a state party to the statute or any crime committed by a national of a state party to the statute. So, would the actions of Nepalese Gorkhas in the Indian army come under the jurisdiction of the Court if the Nepalese Government ratifies the Statute?
