Category Archives: National Criminal Law

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October 14, 2021

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International Criminal Court, International Criminal Justice, National Criminal Law, Rome Statute

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Propriety of Intervention of the International Criminal Court in the Boko Haram Situation in Nigeria

Izuchukwu Temilade Nwagbara Esq

The concept of international criminal law, which became prominent after the second world war with the Nuremberg trials, purports to prosecute crimes against humanity of a large and systematic scale/nature in a furious attempt to end impunity in human relations.[1] As such, the Rome Statute of the International Criminal Court (ICC)[2]—the primary treaty in international criminal law—provides that the ICC shall have jurisdiction with respect to the crime of genocide, crimes against humanity, war crimes, and the crimes of aggression.[3] In relation to the Boko Haram[4] situation in Nigeria, crimes against humanity and war crimes are the most relevant as regards the jurisdiction of the ICC.[5] Therefore, this post examines the possibility and the propriety of a prosecution of Boko Haram members in the ICC for their actions which come under the jurisdiction of the court.

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July 16, 2020

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Human Rights, National Criminal Law, United Nations, Victims Rights, Women's Rights

Breaking the blade: Takeaways from Sudan’s ban on FGM

Priyal Sepaha

FGM: violations and risks

Female Genital Mutilation (FGM) refers to the practice of removal (the extent varies) of the external female genitalia or any damage inflicted due to mutilation injury. FGM is a worldwide human rights issue, affecting an untraceable number of girls. Continue reading →

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March 16, 2020

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Human Rights, National Criminal Law, Victims Rights, Women's Rights

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Turkey – A regressive step back to the 1950s

Fozia Hussain

“I am here because I listen to my consciousness. Because I have children, because of my children. Because I desire to live in a country where we can still live”. (Kadir Demir, protester)

A law which would provide amnesty to men who have sex with girls under the age of 18 if they marry their victims is currently set to be introduced by the Turkish government. The proposed law could release men who have been sentenced for committing underage sexual offences such as statutory rape. Whilst the age difference between the two people has not been finalised yet, it is likely to be set between 10-15 years. Continue reading →

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November 20, 2019

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Human Rights, International Law, National Criminal Law

Demystifying the Supreme Court’s judgment in the Ayodhya dispute

Taanya Trivedi

In a historic judgment by the Honourable Supreme Court of India (SCI), the Court put to rest a volatile dispute dating back to 1885 that has been “a flashpoint of continued conflagration,”[1] which has caused enormous loss of life and has unleashed sectarian violence across the country. Continue reading →

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August 31, 2015

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Human Rights, International Law, National Criminal Law, Sentencing, Victims Rights

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Rape as a Crime versus Rape as a Punishment: What is going on in India?

Written By Garima Tiwari

Indian village council orders sisters to be raped and paraded naked after their brother elopes with married woman.[i]

This recent news and few other similar incidents evoke a number of sentiments. Of course, it is an illegal order with no statutory backing, yet it is an order of the “members of the society” or as are called “Kangaroo Courts” . And it raises pertinent issues about the perception of women in India within a complex web of Caste, Culture, Religion and a family –community system still very patriarchal. While the Nirbhaya Delhi Gang rape case is still sore and the Government’s “security regime” -in place, headlines of “sentencing to rape”, create a mismatch in legal and societal standards. This post loosely  puts forth ideas on how the simple formula of merely punishing the offender does not even look like a step forward in acknowledging the deep seated problem in a complex society like India. Continue reading →