HEALTH ISSUES

1. CERVICAL CANCER

THE CONTEXT: According to an observational study published in the Lancet Global Health journal, more than 6,00,000 new cases of cervical cancer and more than 3,40,000 deaths from the disease were reported around the world in 2020.

EXPLANATION:

About Cervical Cancer:

• It is a type of cancer that occurs in the cells of the cervix – the lower part of the uterus that connects to the vagina.
• Various strains of the Human papillomavirus (HPV) play a role in causing most cervical cancer.
• When exposed to HPV, the body’s immune system typically prevents the virus from doing harm. In a small percentage of people, however, the virus survives for years, contributing to the process that causes some cervical cells to become cancer cells.
• The HPV vaccine (Cervarix) protects against two of the cancer-causing strains, which are HPV 16 and 18.

Human papillomavirus:

• Human papillomavirus (HPV) is the most common viral infection of the reproductive tract.
• There are more than 100 types of HPV.
• More than 40 types of HPV are spread through direct sexual contact.
• Out of these 40, two cause genital warts, while about a dozen of HPV cause different types of cancer including cervical, anal, oropharyngeal, penile, vulvar and vaginal.

About the study findings:

India reported 1,23,907 new cases of cervical cancer and 77,348 deaths, according to the study.

Incidence:

• In 2020, overall incidence was 13 per 1,00,000 women; mortality was 7 per 1,00,000 women.
• As many as 172 out of the 185 countries saw more than the 4 cases per 1,00,000 women per year threshold for elimination set by the World Health Organisation (WHO).
• The development of effective vaccination against the human papilloma virus (HPV), which causes cervical cancer, and screening programmes have made cervical cancer a largely preventable disease.

SCIENCE AND TECHNOLOGY

2. AERONOMY

THE CONTEXT: Union Minister of State (Independent Charge) Science & Technology recently informed that ISRO has taken initiatives for feasibility studies on missions to Venus as well as Aeronomy studies.

THE EXPLANATION:

About Aeronomy:

• It refers to the scientific study of the upper atmospheric regions of the Earth and other solar system bodies.
• It includes the distribution of temperature, density, and chemical constituents, and the chemical reactions that occur.
• It also includes the studies of aurora, airglow, the ionosphere, Van Allen radiation belts, cosmic rays, and radiative and photochemical phenomena.
• It covers the chemistry, dynamics and energy balance of both neutral and charged particles.

SECURITY AFFAIRS

3. DRAFT CYBERSECURITY STRATEGY

THE CONTEXT: The National Security Council Secretariat (NSCS) has formulated a draft National Cyber Security Strategy, which holistically looks at addressing the issue of security of national cyberspace.

THE EXPLANATION:

Draft National Cyber Security Strategy:

Guiding Principles:

• Risk-based approach: To be adopted by the private sector, the government, academia and civil society in assessing and responding to cyber-related threats or issues.
• Multi-stakeholder approach: To enhance the effectiveness of all key stakeholders in improving the cybersecurity posture by recognizing the various roles and responsibilities of different stakeholders.
• External Co-operation: The Strategy will also promote bilateral, regional and international cooperation, recognizing the borderless nature of cyberspace.
• Respect for the rule of law and human rights: To promote, protect fundamental human rights and freedoms of citizens.
• Capacity development: To address fast changing cybersecurity issues and developments.
• Socio-economic development: To ensure cyberspace is fully leveraged by broader socio-economic development, facilitate sustainable socio-economic development across the entire nation.
• Addressing Cybercrime: To promote and facilitate both individual and collective action in tackling cybercrime.

The National Security Council Secretariat (NSCS):

Background:

• The National Security Council (NSC) of India is an executive government agency established in 1998 and tasked with advising the Prime Minister’s Office on matters of national security and strategic interest.
• The NSC is the apex body of the 3-tiered structure of the national security management system in India.
• The 3-tiers are the Strategic Policy Group, the National Security Advisory Board and a secretariat from the Joint Intelligence Committee (JIC).

About National Security Council Secretariat (NSCS) –

• NSCS is the apex agency looking into the political, economic, energy and strategic security concerns of India.
• National Cyber Security Coordinator (NCSC) works under NSCS and coordinates with different agencies at the national level for cyber security matters.

PRELIMS PERSPECTIVE

4. GOND COMMUNITY

THE CONTEXT: Recently,Rajya Sabha passed the Constitution (Scheduled Castes and Scheduled Tribes) Order (Second Amendment) Bill that aims to move the Gond community from the Scheduled Castes list to Scheduled Tribes list in four districts of Uttar Pradesh (Chandauli, Kushinagar, Sant Kabir Nagar, and Sant Ravidas Nagar)

THE EXPLANATION:

Gond tribe

• They are the tribal community mostly found in the Gond forests of the central India.
• They are widely spread in the states of Madhya Pradesh, Chattisgarh, Maharashtra, Andhra Pradesh and Orissa.
• The name by which the Gonds call themselves is Koi or Koitur which means unclear.
• Gonds are one of the largest tribal groups in the world.

Background:

• In the fourteen century, they ruled several parts of the central India.
• They had built number of forts, palaces, temples, tanks and lakes during the rule of the Gonds dynasty.
• Gonds have been the warriors since the British period.
• During the British regime in India, Gonds challenged the Britishers in several battles.

Language

• They speak Gondi and Indo-Aryan languages
• The Gondi language belongs to the Dravidian family of languages and is related to Tamil and Kannada.

Festivals

• Their fairs and festivals are influenced from the Hindu traditions.
• Keslapur Jathra is an important festival of the Gonds.
• Madai is another major festival celebrated among the Gonds.
• They also celebrate Hindu festival called Dussehra.

Dance

• Gusadi dance is the most famous dance performed by them.
• It is performed by wearing head gears decorated with the peacock feathers.
• They wear cotton cloth around their waist.
• They smear ash all over their body and the beards made of animal hair is also an important part of the dance costumes.

5. GEOGRAPHICAL INDICATION TAG SOUGHT FOR BEYPORE URU

THE CONTEXT: Recently, the District Tourism Promotion Council, Kozhikode has applied for a Geographical Indication (GI) tag for the famous Beypore Uru (boat).

THE EXPLANATION:

• The name Uru is associated with the traditional ship building culture of Kerala, a culture that has been throbbing with life on these shores for the last 1500 years.
• It is a wooden dhow (ship / sailing boat / sailing vessel) handcrafted by skilled artisans and carpenters in Beypore, Kerala.
• The Beypore Urus are purely made of premium wood, without using any modern techniques. The wood used to build the Uru is still sawed the traditional way which requires immense expertise. Today, many artisans involved in Uru-making are over 50-70 years old and have been in the profession since their fathers passed on the tradition to them.

VALUE ADDITION:

• GI tag is the abbreviation of Geographical Indications tags in India. It came into force with effect from 15th September 2003.
• A geographical indication (GI) is a sign used on products with a specific geographical origin and possesses qualities or a reputation due to that origin.
• This tag is valid for 10 years and can be renewed.
• Geographical Indications protection is granted through the TRIPS Agreement.
• The Geographical Indication Registry issues this tag under the Department of Industry Promotion and Internal Trade, Ministry of Commerce and Industry.
• Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.
• The Gucchi mushroom, one of the most expensive mushrooms in the world, from the state of Jammu and Kashmir was recently given the GI tag in India.

Benefits of GI Tags

• A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards.
• Geographical indication tags are given to the products to protect the goods Legally.
• Preventing unauthorized or illegal use of geographical indication tags by others.
• Helping customers in getting the original items that contain all the specific traits.
• Promoting the economic prosperity of manufacturers/ producers of items under GI tags. Items with GI tags get enhanced demand in national and international markets.

POLITY AND GOVERNANCE

1. KERALA GOVERNMENT’S BILL TO REMOVE THE GOVERNOR AS CHANCELLOR OF STATE UNIVERSITIES

THE CONTEXT: Recently, Kerala government has tabled University Laws (amendment) Bill in the State Assembly to amend laws relating to the governance of State universities and remove Governor as the Chancellor of State universities.

THE EXPLANATION:

What is the role of the Chancellor in public universities?

• State public universities are established through laws passed by state legislatures. In most laws the Governor has been designated as the Chancellor of these universities.  The Chancellor functions as the head of public universities and appoints the Vice-Chancellor of the university.
• Further, the Chancellor can declare invalid, any university proceeding which is not as per existing laws. In some states (such as Bihar, Gujarat, and Jharkhand), the Chancellor has the power to conduct inspections in the university.
• The Chancellor also presides over the convocation of the university and confirms proposals for conferring honorary degrees. This is different in Telangana, where the Chancellor is appointed by the state government.

Does the Governor have discretion in his capacity as Chancellor?

• In 1997, the Supreme Court held that the Governor was not bound by the aid and advice of the Council of Ministers, while discharging duties of a separate statutory office (such as the Chancellor).
• The Sarkaria and Punchhi Commission also dealt with the role of the Governor in educational institutions. Both Commissions concurred that while discharging statutory functions, the Governor is not legally bound by the aid and advice of the Council of Ministers.  However, it may be advantageous for the Governor to consult the concerned Minister.
• The Sarkaria Commission recommended that state legislatures should avoid conferring statutory powers on the Governor, which were not envisaged by the Constitution.   The Punchhi Commission observed that the role of Governor as the Chancellor may expose the office to controversies or public criticism.  Hence, the role of the Governor should be restricted to constitutional provisions only.

Recent developments 

Recently, some states (WE, TN, KL )have taken steps to reduce the oversight of the Governor in state public universities.  In April 2022, the Tamil Nadu Legislative Assembly passed two Bills, to transfer the power of appointing the Vice-Chancellor (in public universities) from the Governor to the state government.   As of June 8, 2022, these Bills have not received the Governor’s assent.

Connect the dots:

• Sarkaria Commissions
• Punchhi Commission
• Role of UGC

ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

2. THE SIGNIFICANCE OF KELP FORESTS

THE CONTEXT: According to the new study, ocean warming disrupts early-stage development of Giant Kelp, the largest marine algae that are intrinsic to sea life, leading to rapid decline in kelp forests across the world.

THE EXPLANATION:

• The world has lost much of its kelp forests in the last century to rising sea temperatures, but the mechanism of deterioration was not fully understood by scientists.
• The Giant Kelps reproduce by releasing single-cell units called spores that grow into ‘germ tubes’ that gather nutrients and develop into adults.
• At higher temperatures, spore release increased but “spore settlement, germination and germ-tube length” were negatively impacted, the researchers found. The decline of each part was significant at temperatures above 23.8 degrees Celsius, 21.7˚C, and 19.8˚C respectively.

Kelp Forest

• Kelp forests are underwater areas with a high density of kelp. They are recognized as one of the most productive and dynamic ecosystems on Earth. Smaller areas of anchored kelp are called kelp beds. Kelp forests occur worldwide throughout temperate and polar coastal oceans. They are large brown algae seaweeds. They grow in “underwater forests” in shallow oceans.
• Kelp forests provide food and shelter for thousands of species. Marine heat waves are periods of extremely high temperatures in the ocean. These events are linked to coral bleaching, sea grass destruction, and loss of kelp forests, affecting the fisheries sector adversely.
• An underwater survey showed that 85% of the corals in the Gulf of Mannar near the Tamil Nadu coast got bleached after the marine heat wave in May 2020. Emerging studies have reported their occurrence and impacts in the global oceans, but are little understood in the tropical Indian Ocean.

Distribution:

3. THE WILDLIFE (PROTECTION) AMENDMENT BILL 2021

THE CONTEXT: Recently, the Wildlife (Protection) Amendment Bill, 2021 was passed in Rajya Sabha that seeks to provide for implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

THE EXPLANATION:

• The Wildlife (Protection) Amendment Bill, 2021 was introduced in Lok Sabha by the minister of environment, forest and climate change on December 2021, amends the Wild Life (Protection) Act, 1972.
• The Bill seeks to increase the species protected under the law, and implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Key features of the Bill include:

• Rationalising schedules: Currently, the Act has six schedules for specially protected plants (one), specially protected animals (four), and vermin species (one).The Bill reduces the total number of schedules to four by: (i) reducing the number of schedules for specially protected animals to two (one for greater protection level), (ii) removes the schedule for vermin species, and (iii) inserts a new schedule for specimens listed in the Appendices under CITES.

Type of  Violation	1972 Act	2021 Bill
General violation	Up to Rs 25,000	Up to Rs 1,00,000
Specially protected animals	At least Rs 10,000	At least Rs 25,000

• Obligations under CITES:   The Bill provides for the central government to designate a: (i) Management Authority, which grants export or import permits for trade of specimens, and (ii) Scientific Authority, which gives advice on aspects related to impact on the survival of the specimens being trade.
• Invasive alien species: The Bills empowers the central government to regulate or prohibit the import, trade, possession or proliferation of invasive alien species.
• Control of sanctuaries: The Act entrusts the Chief Wildlife Warden to control, manage and maintain all sanctuaries in a state. The Chief Wildlife Warden is appointed by the state government.  The Bill specifies that actions of the Chief Warden must be in accordance with the management plans for the sanctuary.
• Conservation reserves: Under the Act, state governments may declare areas adjacent to national parks and sanctuaries as a conservation reserve, for protecting flora and fauna, and their habitat.  The Bill empowers the central government to also notify a conservation reserve.
• Surrender of captive animals: The Bill provides for any person to voluntarily surrender any captive animals or animal products to the Chief Wildlife Warden.  No compensation will be paid to the person for surrendering such items.  The surrendered items become property of the state government.
• Penalties: The Act prescribes imprisonment terms and fines for violating the provisions of the Act.  The Bill increases these fines.

Connect the dots:

• CITES
• Schedules under WLP Act 1972.

SECURITY ISSUES

4. THE NEW INDIA-CHINA TAWANG CRISIS

THE CONTEXT: India’s Defense Minister has recently addressed on the floor of the Parliament about the Chinese troops “encroachment into Indian territory” and “unilaterally tried to change the status quo” along the disputed border near the Yangtze area.

THE EXPLANATION:

What is the source of tension?

• In September 2022, Indian and Chinese troops disengaged in the Gogra Hotspring area of Eastern Ladakh, the last of the acknowledged “friction points” that were discussed over 16 rounds of military commander level talks that began in May 2020, after Chinese incursions at several points in the area.
• Tensions in Ladakh continues over the build-up of Chinese troops in Depsang, intrusions in Demchok and the rapid infrastructure build up by the Chinese, including two bridges over the Pangong lake that will reduce Chinese mobilization time on the southern bank.
• The incident came days after China expressed objection to Operation Yudh abhyas, an India-US joint military exercise at Auli in the Uttarakhand hills, claiming it was a violation of 1993 and 1996 border agreements.
• The continuing military tensions at different points along the 3,000 km-LAC comes as India kicked off a series of events as part of its presidency of the G20, a grouping of the world’s leading economies that includes China.

What is Line of Actual Control?

China and India share a disputed 3,440 km (2,100 mile) long de facto border – called the Line of Actual Control, or LAC – which is poorly demarcated.

The LAC is generally divided into three sectors:

• The western sector between Ladakh on the Indian side and the Tibet and Xinjiang autonomous regions on the Chinese side. This sector was the location of the 2020 China–India skirmishes.
• The middle sector between Uttarakhand and Himachal Pradesh on the Indian side and the Tibet autonomous region on the Chinese side.
• The eastern sector between Arunachal Pradesh on the Indian side and the Tibet autonomous region on the Chinese side. This sector generally follows the McMahon Line.

VALUE ADDITION:

Pangong lake: Pangong means conclave in Ladakhi and Tso means lake in Tibetan language.Situated at over 14,000 feet, the Lake is about 135 km long.

It is formed from Tethys geosyncline.

SECURITY ISSUES

5. WHAT IS PANDORA VIRUS?

THE CONTEXT: Scientists have recently revived several large viruses that had been buried in the frozen Siberian ground (permafrost) for tens of thousands of years. The youngest virus to be revived was a sprightly 27,000 years old. And the oldest – a Pandoravirus – was around 48,500 years old. This is the oldest virus ever to have been revived.

THE EXPLANATION:

• Pandoravirus is a genus of giant virus, first discovered in 2013. It is the second largest in physical size of any known viral genus. Pandoraviruses have double stranded DNA genomes, with the largest genome size (2.5 million base pairs) of any known viral genus.
• Pandoraviruses are oval in shape and are about 1 micrometer (1000 nanometers) in length. Other viruses range from 25 to 100 nanometers. In addition to being large physically, Pandoraviruses have a large genome made up of 2,500 genes, compared to only 10 genes on average in other viruses. For example, the Influenza A virus contains 7 genes and HIV contains only 9 genes.
• Pandoraviruses do not seem to be harmful to humans.
• They are mostly found in marine environments, infecting amoebae. One reason for their only relatively recent discovery is because they exist in environments that are not well studied. Pandoraviruses, like other marine viruses, prey on plankton, which are organisms that live in the water column and form the basis of the food chain for other marine species.
• More study and research need to be done in order to confirm the prevalence of Pandoraviruses in different environments. Currently, not much is known about their role in marine ecosystems.

THE CONTEXT: On 26 February 2022 Ukraine lodged a case against Russia at the ICJ which was centred on the interpretation of a 1948 treaty on the prevention of genocide, signed by both Russia and Ukraine. The court is named in the treaty itself as the forum for resolving disputes related to genocide and Ukraine’s suit argues that Russia has misinterpreted the treaty in several ways. This article explains the whole issue in detail and analyses the efficacy of ICJ in the present times.

WHAT IS THE INTERNATIONAL COURT OF JUSTICE (ICJ)

ABOUT ICJ

• The ICJ is the principal judicial organ of the United Nations (UN). The International Court of Justice is also known as the World Court.It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
• The seat of the Court is at the Peace Palace in The Hague (Netherlands).Of the six principal organs of the United Nations, ICJ is the only one not located in New York (United States of America).
• Its official working languages are English and French
• All members of the UN are ipso facto parties to the statute, but this does not automatically give ICJ jurisdiction over disputes involving them. The ICJ gets jurisdiction only on the basis of the consent of both parties. The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organisation and came into force on 24 October 1945. The Statute of the International Court of Justice is an integral part of the Charter.

Figure 1 Charter of the United Nations

ITS ORIGIN

• The court is the successor to the Permanent Court of International Justice (PCIJ), which was brought into being by the League of Nations, and which held its inaugural sitting at the Peace Palace in The Hague, Netherlands, in February 1922.
• After World War II, the League of Nations and PCIJ were replaced by the United Nations and ICJ respectively.
• The PCIJ was formally dissolved in April 1946, and its last president, Judge José Gustavo Guerrero of El Salvador, became the first president of the ICJ.

ITS COMPOSITION

• The ICJ consists of a panel of 15 judges elected by the United Nations General Assembly (UNGA) and United Nations Security Council (UNSC) for nine-year terms. These organs vote simultaneously but separately. In order to be elected, a candidate must receive an absolute majority of the votes in both bodies. The Court does not include more than one national of the same State. Moreover, the Court as a whole represents the main forms of civilization and the principal legal systems of the world.
• One-third of the Court is elected every three years; Judges are eligible for re-election.
• The 15 judges of the Court are distributed in the following regions:
   Three from Africa.
   Two from Latin America and the Caribbean.
   Three from Asia.
   Five from Western Europe and other states.
   Two from Eastern Europe.

ROLES AND RESPONSIBILITIES

• The Court settles legal disputes submitted to it by States, in accordance with international law. It also gives advisory opinions on legal questions referred by authorised UN organs and specialised agencies. Judgments in disputes between States are binding.
• The Court decides disputes between countries, based on the voluntary participation of the States concerned. If a State agrees to participate in a proceeding, it is obligated to comply with the Court’s decision.

WORKING OF THE COURT

• States have no permanent representatives accredited to the Court. They normally communicate with the Registrar through their Minister for Foreign Affairs or their ambassador accredited to the Netherlands.
• The sources of law that the Court must apply are international treaties and conventions in force; international custom; the general principles of law; judicial decisions; and the teachings of the most highly qualified publicists*. Moreover, if the parties agree, the Court can decide a case ex aequo et bono, i.e., without confining itself to existing rules of international law.

A *publicist is an international law scholar or a scholarly organization (e.g., American Law Institute). However, Article 38 of the ICJ Statute indicates that only teachings (writings) of “the most highly qualified publicists” are considered to be a source of international law. Thus, not every article or book about an international law topic would be considered a source of international law.

A CRITICAL ANALYSIS OF THE FUNCTION AND RESPONSIBILITIES OF ICJ

• The International Court of Justice (ICJ) is the international community’s legal guardian.The ICJ is frequently called upon to defuse crisis situations, help normalize relations between states, and reactivate stalled negotiation processes. It resolves legal disputes submitted to it by States in accordance with international law, as well as provides advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. Within its limited jurisdiction, the ICJ has resolved significant international disputes, thereby contributing to international peace and security.
• In carrying out its mandate, the Court not only contributes to the strengthening of international law’s role in international relations but also to its development and is increasingly being used as a forum for the resolution of environmental disputes, particularly those involving transboundary harm, as well as other disagreements affecting the conservation of living resources, environmental protection, or potentially adverse effects on human health.
• Albeit the court cannot enact new laws in the same way that a regulator can, the Court can clarify, refine, and interpret international law rules. In the present scenario of Russia’s military action on Ukraine ICJ’s decision is binding on Russia and constitutes part of its international legal obligations. If Russia continues its military actions, it will be a brazen violation of international law.

DISCOURSE ON UKRAINE’S CASE AGAINST RUSSIA AT ICJ

UKRAINE’S APPLICATION AGAINST RUSSIAN FEDERATION

• Ukraine contends that Russian Federation has falsely claimed that acts of genocide have been committed in the Luhansk and Donetsk oblasts of Ukraine and based on such claims Russia initiated a special military action and recognized the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’.
• Ukraine “emphatically denies” that such genocide has occurred and states that Russia has no lawful basis to take action in and against Ukraine for the purpose of preventing and punishing any purported genocide.
• Ukraine used the clause of the Genocide Convention of (1948) to get the ICJ to hear the case. The top court of the United Nations has ordered Russia to “immediately suspend” its military operations in Ukraine.
• It is a “provisional measures” order – an emergency ruling made before the court hears the whole case. Provisional measures are binding. It means even if Russia maintains incorrectly that the invasion is legal, it is now breaching international law anyway by failing to comply with the ICJ’s order. However, a binding ruling is not the same as an enforceable one. Just as there is no global government to give the ICJ more power, there is no global police to enforce its decisions.

Article I of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), 1948 as interpreted by the ICJ in the past makes it an obligation for any state not to commit genocide and also gives an extraterritorial scope to signatory states to prevent genocide. (This became the basis for Russia to initiate a special military action against Ukraine.) Ukraine also contends this interpretation and says that no rule in international law automatically gives one state a right to invade another state to stop genocide.
Article VIII states that any contracting party can unilaterally approach the competent organs of the United Nations in matters related to the acts of genocide.
Article IX states that “Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.” (This became the basis for Ukraine to unilaterally approach ICJ as both Ukraine and Russia are parties to the Genocide Convention.)

• Russia has rejected the order by the ICJ to immediately suspend its military operations in Ukraine by saying that:
   Both sides had to agree to end the hostilities for the ruling to be implemented.
   The ruling was not valid as no consent from both sides can be obtained in this case.
   Though Russia boycotted a hearing on the case but argued in a written filing that the court didn’t have jurisdiction and also said it was acting in self-defence with the invasion.

STANCE OF JUSTICE DALVEER BHANDARI ON THE ISSUE

• Bhandari was one of the two judges at the world court whose vote is contrary to their respective countries’ stance at the United Nations General Assembly (UNGA).
• At the United Nations (UN), India’s stand has been that diplomacy and dialogue are the solutions to the conflict between Russia and Ukraine. At the UN General Assembly on 2 March 2022, India urged both sides to focus on diplomacy to end the war and abstained from voting on the matter.
• Unlike in the UN, in the ICJ, there is no option of abstention and ICJ judges vote in their individual capacities, and they vote on the merits of that. A judge’s opinion at the world court is in his or her individual capacity and does not reflect their respective countries’ stand on the issue.

INDIA AND ICJ

ACCEPTING THE JURISDICTION OF ICJ

• In September 2019 India declared the matters over which it accepts the jurisdiction of the ICJ. This declaration revoked and replaced the previous declaration made in September 1974 and September 1959.
• Among the matters over which India does not accept ICJ jurisdiction are: “disputes with the government of any State which is or has been a Member of the Commonwealth of Nations”, and “disputes relating to or connected with facts or situations of hostilities, armed conflicts, individual or collective actions taken in self-defence…”
• The declaration, which includes other exceptions as well, has been ratified by Parliament.

PARTY TO A CASE AT ICJ

India has been a party to a case at the ICJ on six occasions, four of which have involved Pakistan. They are:

• Right of Passage over Indian Territory (Portugal v. India, culminated 1960) – Ruling in India’s favour.
• Appeal Relating to the Jurisdiction of the ICAO Council (India v. Pakistan, culminated 1972) – ICJ rejected Pakistan’s objection.
• Trial of Pakistani Prisoners of War (Pakistan v. India, culminated 1973) – Pakistan choose not to move ahead with the proceedings.
• Aerial Incident of 10 August 1999 (Pakistan v. India, culminated 2000) – ICJ rejected Pakistan’s contention.
• Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. India, culminated 2016) – The court ruled that it does not have any jurisdiction on the issue in the absence of a dispute between the two countries
• Kulbhushan Jadhav (India v. Pakistan, culminated 2019) – The ICJ held that Pakistan was in clear violation of the rights and obligations described under the Vienna Convention on Consular relations 1963 and ruled in favour of India. Jadhav still remains in Pakistan Jail.

INDIANS AS MEMBERS OF ICJ

• Four Indians have been members of the ICJ so far:
   Justice Dalveer Bhandari, former judge of the Supreme Court, has been serving at the ICJ since 2012.
   Former Chief Justice of India R S Pathak served from 1989-91.
   Former Chief Election Commissioner of India Nagendra Singh from 1973-88. Singh was also president of the court from 1985-88 and vice-president from 1976-79.
   Sir Benegal Rau, who was an advisor to the Constituent Assembly, was a member of the ICJ from 1952-53.

LIMITATIONS ON THE FUNCTIONING OF ICJ

ICJ suffers from certain limitations, these are mainly structural, circumstantial and related to the material resources made available to the Court.

JURISDICTION TO TRY INDIVIDUALS

• It has no jurisdiction to try individuals accused of war crimes or crimes against humanity.
• As it is not a criminal court, it does not have a prosecutor able to initiate proceedings.

HUMAN RIGHTS VIOLATION ALLEGATIONS FROM INDIVIDUALS

• The International Court of Justice differs from other courts such as:
   The Court of Justice of the European Union (Luxembourg), whose role is to interpret European Community legislation uniformly and rule on its validity,
   The European Court of Human Rights (France) and the Inter-American Court of Human Rights (Costa Rica), which deal with allegations of violations of the human rights conventions under which they were set up.

These three courts can entertain applications from individuals as well as from States which is not possible for the International Court of Justice.

NOT A SPECIALIST COURT

• The jurisdiction of the International Court of Justice is general and thereby differs from that of specialist international tribunals, such as the International Tribunal for the Law of the Sea (ITLOS).
   ITLOS is an independent judicial body established by UNCLOS to adjudicate disputes arising out of the convention.
   United Nations Convention on the Laws of the Sea (UNCLOS) was adopted in 1982 to establish jurisdictional limits over the ocean areas and regulate activities in international waters, including sea-bed mining and cable laying etc.

NOT A SUPREME COURT

• The Court is not a Supreme Court to which national courts can turn; it does not act as a court of last resort for individuals nor is it an appeal court for any international tribunal. It can, however, rule on the validity of arbitral awards.

CANNOT INITIATE PROCEEDING SUO MOTO

• The Court can only hear a dispute when requested to do so by one or more States.
• It cannot deal with a dispute on its own initiative.
• Neither is it permitted, under its Statute, to investigate and rule on acts of sovereign States as it chooses.

DO NOT HAVE A COMPULSORY JURISDICTION

• The ICJ only has jurisdiction based on consent, not compulsory jurisdiction.

DO NOT ENJOY FULL POWERS

• It does not enjoy a full separation of powers, with permanent members of the Security Council being able to veto enforcement of cases, even those to which they consented to be bound.

ABOUT GENOCIDE CONVENTION

• The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) is an instrument of international law that codified for the first time the crime of genocide. It was the first human rights treaty adopted by the General Assembly of the UN on 9 December 1948.
• It signified the international community’s commitment to ‘never again’ after the atrocities committed during the Second World War and its adoption marked a crucial step towards the development of international human rights and international criminal law as we know it today.
• According to the Genocide Convention, genocide is a crime that can take place both in times of war as well as in the time of peace. The definition of the crime of genocide, as set out in the Convention, has been widely adopted at both national and international levels, including in the 1998 Rome Statute of the International Criminal Court (ICC).
• Importantly, the Convention establishes on State Parties the obligation to take measures to prevent and punish the crime of genocide, including by enacting relevant legislation and punishing perpetrators, “whether they are constitutionally responsible rulers, public officials or private individuals” (Article IV). Those obligations, in addition to the prohibition not to commit genocide, have been considered norms of international customary law and therefore, binding on all States, whether or not they have ratified the Genocide Convention.
• India is a signatory to this convention.

THE WAY FORWARD

• The ICJ can only hear a dispute when requested to do so by one or more States and cannot deal with a dispute on its own initiative. The power of the court shall be expanded in regard to international laws to take Suo moto cognizance and initiate proceedings to maintain international peace and order.
• ICJ shall also be given the power to hear the matters which have already been decided by other international tribunals.
• Though the ICJ can only hear cases by the states it shall also accept applications from individuals as well as international organizations.
• The rulings of the court are binding but not enforceable on states and the onus lies on other UN organs for their implementation. This leads to a lack of confidence in the efficacy of the court. The court shall be given some institutional powers to make it more efficient.

THE CONCLUSION: While the court did not decide on whether Russia has breached the Genocide Convention, as this is a question of merits, it did express doubt over whether a country can unilaterally use force against another country for punishing or preventing an alleged act of genocide. This indicates that Russia’s use of force is difficult to justify under the Genocide Convention. Just because authoritarian populist leaders don’t care for international law does not diminish its significance. International law, even if not sufficient, is necessary to maintain global order. The ICJ decision is an impactful step in that direction.

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