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Blinken, before unethically expecting arrest of Putin by weaker ICC member countries, should first work for new global order with teeth to ICC. By Hem Raj Jain
Ref:-(i)- After Ukraine war the un-implemented arrest warrant of Putin by ICC is second huge humiliation of the USA (ii)_ When powerful NATO countries are afraid of arresting Putin pursuant to ICC order how can Blinken expect other economically and militarily weaker countries to arrest Putin ? (iii)- Merely dealing with governments of member countries wouldn’t do (iv)- In this age of democracy no global order can work without taking care of basic interests of the people (v)- The burden of wrongs of developed Christians (Protestants, Catholics and Orthodox) and Chinese can’t be expected to be borne by Hindus and Muslims (of developing countries)
The US Secretary of State Antony Blinken has urged All ICC Member countries to Comply With Putin Arrest Warrant as reported at https://www.usnews.com/news/world/articles/2023-03-22/u-s-top-diplomat-blinken-urges-all-icc-members-to-comply-with-putin-arrest-warrant which is unethical to say the least because it is like saying “mantra me padhun bambi me haath tu daal” (I will chant the snake- taming mantra / hymn and you should put your hands in the den / burrow of snakes). That too when Russia has threatened to eliminate any country from the world map ny nuking it if tries to arrest Putin as reported at https://www.independent.co.uk/news/world/europe/dmitry-medvedev-putin-arrest-war-ukraine-map-b2306569.html
This demand of Blinken (to arrest Putin by ICC countries) is unjustified due to one more reason. There are four major human groups namely the Christians, Muslims, Chinese and Hindus (in broader sense including Sikhs, Buddhists and Jains as per Article 25 of the Indian constitution). Out of these the two the Western Christians and Chinese (with the help of the West especially after end of cold war) have progressed economically and are creating huge problems for other two the Hindus and Muslims [recently first by US-economic crisis of 2007-08 then Coronavirus (Covid-19 and its variants) then by Ukraine war and even full blown Taiwan crisis is in the waiting]. BUT most of the people in 123 countries (which Bliken wants to arrest Putin) are Muslims and Hindus. Hence it is unjustified to expect the burden / danger of the wrongs of the Christians and Chinese to be taken by Muslims and Hindus.
The existing global order of the UN has been demolished by the Ukraine war but the signs of the inefficacy and irrelevance of the UN were already there much before Ukraine war hence presently the world community is worried that how the activities / business of the world will go-on without a global order (which is inevitable due to unprecedented progress of last 500 years of modern technology and sciences including social sciences hence need for globalization ). Therefore out of two blocks engaged (directly and by proxy) in Ukraine war the block of the West led by the USA should start working for a new ENFORCEABLE “rule-based liberal new participatory global order of secular democracies” as given below because the another block of Russia-China is neither interested (evident by their past behavior) nor capable of establishing any global order:-
(1)- First of all the USA should understand the following mistakes the USA made when it sponsored the UN after World War- II and which are responsible for the death of the UN by the Ukraine war and should rectify those mistakes in the new global order:-
(i)- The UN was wrongly started without giving importance to secular democracy and countries with theocracy and authoritarian political system were also equally treated by the UN. Moreover 5 countries were wrongly given veto powers which is the major reason for the demolition of the global order of the UN due to veto powers with Russia and China.
(ii)- Hence the new global order should be participatory and human rights friendly where a member country should have voting rights in the security council commensurate with its contribution of men (including military), money and material (including military) and its record of human rights .
(iii)- Despite the denuclearization regime of the UN many countries developed nukes as if they (like Israel, India, Pakistan etc) have the divine right to have nukes. Hence it should be mandatory in the new world body that every nuclear country will deposit its nukes (and any other WMD) with this new world body under military pressure of this new world body where these nukes (and WMDS) will be eliminated in a time bound period .
(iv)- In this age of democracy it was wrong for the UN to give importance only to the States as was done by Optional protocol OP-1 of the ICCPR hence in the new world body there should be four major provisions as given below.
(v)- First it should be mandatory for every member country to have not only National (NHRC) and State Human rights Commissions (SHRCs) but also its cell at Districts (DHRCs) and all these Commissions should be entitled to intervene in the proceedings of the courts with the approval of the court like mentioned in section 12 (b) of the Protection of Human Rights Act of India. Intervention by NHRC in Supreme Court, BY SHRC in High Courts and by DHRC in subordinate (District and lower) courts.
(vi)- Second, the OP-1 of ICCPR of the UN Should be replaced with Mandatory Protocol MP-1 in the new world body so that not merely government but victim citizens should also be entitled to move the ICC (with NOC from concerned NHRC of erring member country) in especial cases of avoidable genocides, rape and molestation of women by or with the complicity of security forces etc .
(vii)- Third, the independence of any identifiable (on the basis of language or ethnicity) group of harassed people demanding self-determination and secular democracy should be supported (even militarily) by the security council of this new world body.
(viii)- Fourth, it should be mandatory for the Human rights Commision of this new world body to publish its annual report about the record of every NHRC of member countries regarding their record of protecting human rights of the people of their countries. Moreover it should be mandatory for every member country to put such an annual report of the HRC of this world body before its Parliament / Congress for discussion and necessary action.
It is hoped the USA / Secretary BLinken will adopt a practical approach and will first work for new global order with teeth to its ICC before unethically expecting arrest of Putin by the present 123 ICC member countries out of which many don’t have resources even to open their embassies & consulates in all the member countries of the UN much less to risk a war with Russia.
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