International Criminal Law and Its Impact on Nepalese Law and Politics

Abstract

This research article paper highlighted that a key component of modern international governance is international criminal law (ICL), which establishes individual criminal liability for crimes against humanity, war crimes, and genocide. Nepal's constitutional order, transitional justice system, and post-conflict political rebuilding have all been greatly impacted by international criminal law, despite the country not being a State Party to the Rome Statute of the International Criminal Court. The degree to which ICL concepts have been incorporated into Nepalese legislation and political practice after the armed conflict of 1996–2006 is examined in this article using a doctrinal-comparative methodology. According to the report, Nepal's domestic criminal law is still significantly underdeveloped with relation to fundamental international crimes, despite the country's 2015 Constitution showing a strong alignment with international human rights principles. The Truth and Reconciliation Commission and other transitional justice organizations are nevertheless hampered by political meddling, lax enforcement, and normative conflicts between accountability and peace. Nepal's constitutional recognition of international norms has not yet resulted in effective criminal accountability mechanisms, making it a "partial compliance state" in terms of international criminal law normatively aligned but institutionally fragmented.