The International Criminal Law diaspora under compensates individuals who are frequent victims of atrocities conducted in a cross-border stature.

• War crimes, crimes against humanity, and genocide lead to:
  • Large numbers of people being deprived of their liberty,
  • Mental health conditions,
  • Overrepresentation in jails and prisons,
  • Stigma and disparities in accessing genuine mental health support.
     

Poverty-driven individuals face lawlessness which further weakens their psychological presence on a global level. The International Criminal Law, though seemingly promising, contains many complexities and shortcomings. Global Criminal Justice systems have lacunae that negatively impact the mental health of affected individuals.

• There is a dire need to compensate for the psychological damage caused to victims due to:
  • Irregular court interventions,
  • Injustice during inter-state affairs.
     

Victims of rape and murder often suffer from a complex and overlooked mental state. There is an urgent requirement to regulate the mental health of victims to ensure societal contentment. The realm of International Criminal Law provides a global statutory platform to address:

• Hate propagated between states,
• Political conflicts,
• Bigotry,
• Suppression of the weak by the powerful.

Introduction
The Rome Statute, which establishes the International Criminal Court, recognises the principle that individuals should not be punished if, at the time of committing the crime, they were suffering from mental infirmity that impaired their ability to understand the nature or wrongfulness of their actions. However, by the very nature of international criminal law, both victims and perpetrators are often exposed to conditions that severely weaken their mental resilience.

If we consider the present situation following the Taliban's takeover of Afghanistan, there is little doubt that the people—especially women—are in an extremely vulnerable position, with even their basic human rights being grossly compromised. The very concept of sustainability entails the will to live with dignity and a sense of contentment. Afghan women, however, face constant threats of sexual violence, restrictions on their movement, and arbitrary bans—ranging from prohibitions on dressing freely to the use of makeup. These may seem trivial on the surface, but collectively they inhibit women's ability to grow, achieve, and flourish. Afghanistan, as a result, has drastically eroded the mental well-being of its women.

Another alarming issue arises in Iran, where the legal age of marriage for girls has been reduced to between 9 and 13 years. This highlights the erosion of basic human values and evokes serious concern about the state of humanity. There have also been reports of forced marriages under the guise of poverty, which further undermines the credibility of any feminist discourse in the global sphere.

International criminal law and its principles are often presented as lofty ideals through the lens of diplomatic cooperation. Yet, in practice, they frequently fail to achieve their objectives due to the influence of state diplomacy and political convenience. While international criminal law outlines procedures to prosecute crimes such as genocide, war crimes, and crimes of aggression, the mechanisms often falter when nation-states act as each other's shields.

Russia, for instance, has been in the spotlight for committing acts of aggression against Ukraine—a nation with fewer financial and military resources. Their historic animosity has now culminated in the occupation of nearly 20% of Ukrainian territory as of 2024, displacing an estimated 3 to 3.5 million Ukrainians. Reports suggest that occupied territories have lost nearly half their population. Media portrayals and firsthand accounts reflect the severe psychological trauma endured by Ukrainian citizens, leaving them powerless to resist.

These instances underscore the inadequacy of international criminal law in addressing real-world crises. While it is unrealistic to expect a utopian world devoid of conflict, a pragmatic approach must be adopted to protect the mental health and dignity of civilians. Wars are often the result of state-sponsored animosity, carried out by soldiers acting under military directives. Prisoners of war (POWs), captured during or after conflict, are often subjected to inhumane treatment—denied food, shelter, and even the most basic rights.

The Geneva Conventions explicitly state:
"No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind."

Despite this, there have been several controversial incidents. One such example is the capture of Wing Commander Abhinandan by the Pakistani Army. Though he was eventually released due to the Indian government's diplomatic efforts, in the absence of such intervention, his case might have stood as a grave violation of POW rights.

From a realist perspective, women have been the most significant victims of structural injustices and systemic neglect. Feminist jurisprudence is often sidelined in the face of realpolitik. Instead of making progress to redress the centuries of patriarchal oppression, we are further impeding the developmental strides necessary for women's empowerment. Gender-based persecution, systemic discrimination, sexual slavery, and mass rapes have occurred across geographies and time.

A notable chapter in India's diplomatic history is from July 2014, when forty-six Malayali nurses returned from war-torn Iraq after narrowly escaping death. They were held captive for 23 days by the Islamic State of Iraq and Syria (ISIS), a stark reminder of how women become pawns in geopolitical conflicts.

Women, often perceived as the more vulnerable gender due to their physical constitution, must be guaranteed the fundamental right to safety and dignity. Wherever there is a risk of harm to women, states—regardless of their political ideology—must uphold the sanctity and rights of women as a gender.

Conclusion
Conclusively, We can postulate the factum of the interrelation of Criminal Justice and Mental Health such that they compliment each other invariably. Although the various statutes provide regulations such that they solve the larger problems but there is a need to further systemise it to bring it into action. Humans as creatures are eloquent and potential creatures and the very disregard of a presupposition of a well-balanced treatment to them as a race might as well lead to indefinite repercussions.

If the countries amicably ignore the rights of the victims out of atrocities done in the International Juncture, We might as well be versed with potential circumstances of violations which may lead to unwelcoming circumstances in the near future. Hereby, It is integral to create a conducive environment of states respecting the sovereignty of varying states, fixation of the problems they might have with each other, lessening the politics that is prevalent and lastly, preserve the sanctity of women across the globe.

End-Notes:

• (2025, April 11) Russia-occupied territories of Ukraine
  https://en.wikipedia.org/wiki/Russian-occupied_territories_of_Ukraine
• United Nations Geneva Convention relative to treatment of Prisoners of War
  https://www.ohchr.org/en/instruments-mechanisms/instruments/geneva-convention-relative-treatment-prisoners-war
• Anna Isaac (2017, March 30) As ‘Take Off’ suggests, did a Malayali businessman help in rescuing nurses from Iraq?
  https://www.thenewsminute.com/kerala/take-suggests-did-malayali-businessman-help-rescuing-nurses-iraq-59511

Written By: Devika Raj