DAILY CURRENT AFFAIRS IAS | UPSC Prelims and Mains Exam –1st May 2024
Archives (PRELIMS & MAINS Focus) International Criminal Court (ICC) Syllabus Prelims – Current Event Context: Israel is voicing concern that the International Criminal Court could be preparing to issue arrest warrants for government officials on charges related to the conduct of its war against Hamas. Background:- The ICC – which can charge individuals with war crimes, crimes against humanity and genocide – is investigating Hamas’ October 7 cross-border attack and Israel’s devastating military assault on Hamas-ruled Gaza. About International Criminal Court (ICC) It is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands. It has jurisdiction to prosecute individuals for the international crimes of: genocide, crimes against humanity, war crimes, crime of aggression. It is intended to complement existing national judicial systems. It may exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals. It may only investigate and prosecute crimes committed within member states, crimes committed by nationals of member states, or crimes in situations referred to the Court by the United Nations Security Council.The ICC lacks universal territorial jurisdiction. Israel is not a member of the court and does not recognise its jurisdiction, but the Palestinian territories were admitted with the status of a member state in 2015. Established in 2002 pursuant to the multilateral Rome Statute, the ICC is considered by its proponents to be a major step toward justice. However, it has faced a number of criticisms from governments and civil society groups, including objections to its jurisdiction, accusations of bias, Eurocentrism and racism, questioning of the fairness of its case selection and trial procedures, and doubts about its effectiveness. Additional Information The ICC is distinct from the International Court of Justice (ICJ), an organ of the United Nations that hears disputes between states. The ICJ, is also known as the World Court. Source: Indian Express The Election Commission of India’s options when polling process is disrupted Syllabus Prelims & Mains – Polity Context: The Election Commission of India (EC), under various Sections of the Representation of People Act, 1951 (RPA), declared void the poll on April 19, in 11 polling stations of Manipur, and 8 polling stations of Arunachal Pradesh. Repolls were conducted on April 22 and April 24 respectively. Elections were also adjourned in Madhya Pradesh’s Betul Lok Sabha constituency due to the death of a candidate on April 9. The polling, originally scheduled on April 26, will now be held on May 7. Background: India’s election laws provide a framework for handling situations where the normal polling process is disrupted for any reason, including damage to EVMs, booth-capturing, natural disasters, or a candidate’s death. The provisions for repolls, adjournments, and the voiding of polls ensure that the democratic process remains fair, transparent, and uninterrupted. Circumstances when the normal polling process is disrupted — and the options before the EC in each case : Intentional destruction, taking away of EVMs: Under Section 58 of the RPA (‘Fresh poll in the case of destruction, etc., of ballot boxes’), the EC can declare the poll at a polling station to be void if: an unauthorised person has unlawfully taken away any EVM; any EVM has been accidentally or intentionally destroyed, or lost, or damaged, or tampered with; or a mechanical failure develops in any EVM during the recording of votes. In such cases, the Returning Officer (RO) immediately informs the EC and the Chief Electoral Officer of the state about the relevant facts and material circumstances, after considering which, the EC can declare the poll void and formally fix the date and time for a new poll. All electors will be allowed to vote at the fresh poll.During the repoll, the voters’ left middle fingers are inked to distinguish between the mark made during the original poll (on their left forefinger). Booth capturing Booth-capturing, defined in Section135A of the RPA, includes all or any of the following activities by any person or persons : seizure of a polling station, affecting the conduct of elections; taking possession of a polling station, allowing only his or their supporters to vote; intimidating or threatening any elector and preventing him from going to the polling station; seizure of a counting place affecting the counting of votes; involvement of any person in government service in any of the above activities. Booth capturing is punishable for a term of not less than one year, which may extend to three years for lay people, and not less than three years, extending to five years for government servants. Under Section 58A (‘Adjournment of poll or countermanding of election on the ground of booth capturing’) in case booth capturing has taken place at a polling Station, the Presiding Officer of a polling station immediately closes the Control Unit of EVM and detaches the Ballot Unit(s) from the Control Unit under Rule 49X of the Conduct of Election Rules, 1961. He/She then informs the RO, who reports the full facts to the EC through the fastest means of communication. The EC, based on the material facts, may: (a) declare the poll at that polling station to be void and direct a fresh poll on a new date; or (b) countermand the election in the constituency in case booth capturing has taken place in a large number of polling stations, or if it has affected the counting of votes. Natural disasters, other disruptions to polling The Presiding Officer of a polling station can adjourn the poll at a polling station under section 57(1) of the Representation of the People Act, 1951, in case of: a natural calamity like a flood, a severe storm; non-receipt or loss or damage to essential polling materials like EVM, electoral roll etc; interruption or obstruction due to any riot or, open violence; non-arrival of the polling party due to obstruction or any other serious difficulty; or non-commencement of the poll within two hours from the scheduled time due to malfunctioning of EVM, or any other reason. After seeking the EC’s approval on the date and hours, the adjourned poll will recommence from the stage at which it was left immediately before the adjournment. Contesting
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