India must reassess its differential treatment of international criminals

The article critically analyzes India's differential approach to international criminals, specifically pirates and alleged war criminals, despite both being considered 'enemies of all humankind' (hostis humani generis). It highlights India's robust enforcement against piracy under the 2022 Maritime Anti-Piracy Act, citing recent convictions of Somali nationals. In contrast, it points out India's inaction regarding alleged war criminals, such as Eitan Gilboa, who was found vacationing in India but faced no legal action despite complaints. The author discusses India's obligations under international conventions like UNCLOS (permissive universal jurisdiction for piracy) and the 1949 Geneva Conventions (mandatory universal jurisdiction for war crimes), and its domestic laws (1960 Geneva Conventions Act, 1962 Extradition Act). The article criticizes the opacity and lack of clear policy, judicial review, and evidence-first criteria in India's handling of war crimes, contrasting it with practices in countries like Germany, Canada, and the UK. It argues that India's inaction undermines its commitment to combating impunity and its aspiration to be a 'Vishwaguru'.