All international laws, Geneva conventions apply on Kashmir

Islamabad, November 23, 2020 (PPI-OT): A round table conference was organized on ‘International Armed Conflict and Kashmir’ in Islamabad, today. The event was organized by Legal Forum for Oppressed Voices of Kashmir. Asif Khan, a senior Assistant Professor at Bahria University, said that all international laws, Geneva Conventions and additional protocols apply on Kashmir. He said, “Unfortunately we don’t see application of international law in Kashmir. For an occupation, there is legal solution and we push same before judicial bodies.”

Iman Mazari, Master in international law and legal studies, University of Vienna, while expressing her views on illegal occupation by Indian authorities, said Additional Protocol IV restricts India for destructing civilian property in IIOJK. She said human rights violations in IOK are result of Illegal occupation.

She said, the denial of medical treatment, communication blackout, use of internationally banned pellet shotguns in IIOJK by Indian authorities are in violation of international law. “Changing demography on IIOJK and trying to changing its Muslim majority status into a majority by Modi-led BJP government and after abrogation of Article 370 and 35A, India has breached Shimla Agreement. Annexation cannot be recognized and we should work to sanctions occupying state for crime of aggression,” She added.

Oves Anwer, Director of Research Society of International Law (RSIL), said the real battle is battle of narratives and legal battle and the language of this battle is international law. “We are not confronting India where we should confront. Unfortunately Pakistan has reservations on international affairs,” he added.

He said, India is labelling Kashmir freedom fighters as terrorists, which is against all international norms as they are fighting a legitimate war of liberation under international law. Mohammad Shoaib, Assistant Professor at Bahria University, said, “We need to realize that Kashmir is not only political and legal issue but is the case of humanitarian crises and occupation.”

He said, India cannot make laws for occupied territory and Kashmiris don’t accept the constitution of India so, the resistance against India becomes justified action for securing right of self-determination. Whatever India does to annex IOJK is the strategy of Israel, Pakistan must take it serious, he added.

The session was chaired by Justice (Retd) Ali Nawaz Chowhan, an international Judge at Hauge and honorary member of LFOVK. He said, the government lobbyists for Kashmir have no urge to fight for the right of Kashmir till internationalization of this issue was done by India itself. This issue must not be reduced as human right issue it is a hostile armed conflict with deep consequences if not addressed in due time, he added.

Mr Chohan thanked the LFOVK for its commitment and endeavours to pursue law fare of Kashmir. He further said, I am honoured to be part of this team and soon we will come up with a legal doctrine which will give hope to hopeless.”

The session was moderated by Nasir Qadri, Director LFOVK. He summed up debate calling Kashmir a case of IAC and further referred to certain IHL treaties which India has become party. He said, India cannot run away from atrocity crimes which it commits in IIOJK. The rhetoric Kashmir as internal matter or integral part is limited to their vote bank world knows the intensity of this armed conflict.

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