Professor Bimal Patel, the Indian member at the International Law Commission (ILC) and also the vice chancellor of Gandhinagar-based Rashtriya Raksha University, has proposed to the ILC that it should study the legal aspects of accountability for crimes committed against United Nations (UN) peacekeepers. Patel hopes that the proposal will be accepted. The 75th session of the ILC is scheduled to be held from April 29 to May 31 and from July 1 to August 2.
In an interview with The Indian Express, Patel mentioned that he had proposed this idea in July of last year. The proposal will be examined by the ILC, and subject to the views of the 6th committee of the UN General Assembly, it may be taken up by the ILC next year.
Speaking about the need to study the legal aspects of accountability for crimes against UN peacekeepers, Patel highlighted the sacrifices made by Indian peacekeepers. He stated, “In India itself, a significant number of Indian peacekeepers have sacrificed their lives while performing duties under the UN charter. If those who are called upon to contribute to peacebuilding, peace maintenance, and peacekeeping are the ones under attack, it is in the interest of all member states to fix the accountability of those who commit crimes against UN peacekeepers.”
Patel further emphasized that failure to hold accountable those who commit crimes against UN peacekeepers would lead to hesitancy among contributing countries to perform their duties. He pointed out that these countries often operate in hostile situations and in countries where the governments have failed.
Regarding South Africa’s application to the International Court of Justice (ICJ) seeking additional provisional measures against Israel, Patel explained that any country, whether directly affected or not, can approach the ICJ if it believes that a party to the Genocide Convention is not fulfilling its obligations. The ICJ recently rejected South Africa’s appeal, stating that no additional provisional measures were required. The court ruled that Israel must comply fully with its obligations under the Genocide Convention and ensure the safety and security of Palestinians in the Gaza Strip.
When asked about the consequences of violating conventions and treaties drafted by the ILC, Patel emphasized that while preparing a convention or treaty is one thing, implementing it is another. Implementation is the responsibility of the member states who sign or ratify the treaty.
Advocating for India’s inclusion as a permanent member of the UN Security Council (UNSC), Patel argued that India’s measures can have a more effective impact in the current situation of multiple conflicts worldwide, including in Russia, Ukraine, the Middle East, and Africa. He stressed the importance of a law-based rule of international order and stated that countries like India, if part of the UNSC, could contribute to maintaining peace and security.
According to Patel, “The current situation requires that a country like India becomes a permanent member of the UNSC.”
In conclusion, Professor Bimal Patel, the Indian member at the International Law Commission, has proposed that the ILC study the legal aspects of accountability for crimes committed against UN peacekeepers. He believes that fixing the accountability of those who commit crimes against UN peacekeepers is crucial to ensure the willingness of contributing countries to fulfill their duties. Additionally, Patel advocates for India’s inclusion as a permanent member of the UNSC, stating that India’s measures can have a significant impact on global peace and security.
