ICC’s guidelines on crimes against humanity serve as a critical framework to assess allegations on Manipur
By Prajwal TV, Dr Karamala Areesh Kumar
One of the most pressing issues facing the country is the escalating violence in Manipur. Due to the internet ban, most of the news coming out of the State has been either delayed or misinformed. This has only led to further violence and deaths, especially those targeted at women and children.
However, with the continuous lack of action by the governments as we progress into the third month of the violence, it has become a necessity to shift the focus of the violence towards the outlook of Genocide & Crimes Against Humanity to bring international attention which has already begun as several foreign news media continue to closely cover the incident.
To do so, we need to understand the internationally established laws that govern such matters ie, the International Criminal Court (ICC), a global judiciary institution established to prosecute and hold individuals accountable for the most severe crimes, including genocide, crimes against humanity, war crimes and aggression. Here, we explore the ICC regulations and guidelines on genocide and crimes against humanity to interrelate them to the grave situation that has risen in Manipur
Rome Statute
The ICC, founded by the Rome Statute, defines genocide under Article 6 as specific acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group. These acts include killing members of the group, causing serious bodily or mental harm, inflicting conditions of life to bring about physical destruction, imposing measures to prevent births and forcibly transferring children to another group.
Article 7 lays out the definition of crimes against humanity as any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. These include murder, extermination, torture, rape and any form of sexual violence, persecution based on ethnicity and other inhumane acts of a similar character intentionally causing great suffering, or serious injury to the body or mental or physical health, inter alias.
The ICC’s primary jurisdiction covers cases where genocide is committed on the territory of a state party to the Rome Statute or by its nationals. Additionally, the ICC can investigate any cases referred to by the United Nations Security Council, even if they occurred in non-member states, such as the Republic of India. Genocide & Crimes Against Humanity are some of the gravest crimes under the ICC’s mandate, and holding perpetrators accountable is essential for justice and bringing relative normalcy in conflict-stricken regions. Though the ICC has been accused of discrimination in its enforcement, it nonetheless acts as a reference to a basic understanding of crimes that must be received internationally.
Situation in Manipur
Manipur, a culturally and ethnically diverse State in northeastern India, has experienced decades of conflict and violence. The region’s complex sociopolitical landscape, historical grievances and insurgency movements have given rise to allegations of human rights violations, including extrajudicial killings, torture and enforced disappearances.
This time, the Manipur High Court’s order directing the BJP-led State government to recommend to the union Tribal Affairs Ministry to grant the Scheduled Tribe status to the Meitei community escalated tensions in which over 130 people have died and over 60,000 displaced so far. Along with this, incidents such as burning churches and places of worship, the beheading of David Thiek and more recently, the incident of May 4th where two Kuki women were recorded being paraded naked. Although it is essential to tread carefully and independently verify allegations concerning the sensitive situation, with the constant suspicion about the inaction by the State and central governments, it becomes crucial to assess whether the situation in Manipur raises concerns about possible Genocide & Crimes Against Humanity, by intent and by actions.
ICC Guidelines on Genocide as Applied to Manipur
Intent to Destroy: The ICC focuses on the specific intent to destroy a group, in whole or in part, as a crucial element in establishing genocide. In the context of Manipur, where conflicts among ethnic communities have been the norm, the recent flare-up brings to question the intent of different communities such as the Meitei, Kuki and Nagas to destroy each other. The long-standing armed conflict and its impact on communities also warrant scrutiny to determine whether the actions of state actors and non-state armed groups amount to genocide.
Killings and Serious Bodily or Mental Harm: The ICC examines instances of killings and serious bodily or mental harm perpetrated against a targeted group. In Manipur, apart from the reports of extrajudicial killings and violence against civilians, the reported killings of over 130 people on either side of the Meitei and the Kuki demand close investigations, reports of setting civilian houses on fire causing deaths of women, children and the elderly as in the case of 80-year-old Ibetombi, the wife of the freedom fighter S Churachand Singh. Such cases have not only raised concerns about the protection of human rights and accountability but also raise the question of crimes against humanity being committed by conflicting groups and individuals.
Inflicting Conditions of Life: The imposition of conditions of life intended to destroy a group can include depriving access to necessities such as food, water and healthcare. In Manipur, given the demographics, many tribal communities have alleged the marginalisation of the tribals in administrative, political and cultural spaces by the majority Meitei community that has resulted in a lack of necessary resources such as proper healthcare, education and supplies. Not to mention the fact that the prolonged conflict has disrupted essential services, affecting the well-being and survival of affected communities. Ever since the violence began, many relief camps located in remote areas on the outskirts of Imphal Valley have been struggling with the severe shortages of basic essential needs that have mainly affected children and lactating mothers. Addressing these humanitarian concerns is critical in any assessment of genocide allegations.
Investigating allegations of genocide in Manipur presents significant challenges. Addressing issues of political will, access to information, witness protection and ensuring an impartial process is essential for a credible investigation. The involvement of relevant international bodies, such as the UN, human rights organisations and independent experts, can bolster transparency and accountability while citizens must also take up individual responsibilities to pressurise their governments into taking action.
Applying ICC Guidelines
The International Criminal Court”s guidelines on Genocide & Crimes Against Humanity serve as a critical framework to assess allegations of grave crimes in any context, including the situation in Manipur. The silence of the top leaders in the country, particularly the Prime Minister, lack of discussion on the matter in Parliament and inaction by both the union and the State governments, along with the whataboutery by political parties about the crimes occurring in Manipur, have only led to more suspicion and losing the confidence of the people.
Human rights groups and social activists in Manipur and across the country have provided several suggestions to handle the violence, particularly sacking the current Chief Minister and implementing President’s Rule. By carefully applying these guidelines and conducting thorough investigations, the international community should also pressure the Indian government to work towards justice, accountability and reconciliation in regions experiencing protracted conflicts and violence.
For a nation working towards becoming a global superpower, internal matters are no excuse to escape international accountability. Bringing perpetrators to account and protecting the rights of women and affected communities are essential steps towards fostering lasting peace and stability in Manipur.