Daily Times

The conflict in Kashmir has a complicated past that dates back to the division of British India in 1947. Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir, was offered the option of joining either India or Pakistan. The First Kashmir War and ensuing tensions followed the country’s choice to join India, which was primarily motivated by religious and political factors. The United Nations Security Council (UNSC) subsequently adopted resolutions calling for a referendum to decide the future of the region, although none have yet been held.

The actions of India in the Indian-administered Jammu and Kashmir (IIOJ&K) region have sparked worries about possible transgressions of international law. Many people believe that the 2019 repeal of Article 370, which gave the area special autonomous status, violates a number of UN Security Council resolutions, including resolutions 38, 47, 51, 91, and 122. The significance of holding a plebiscite to ascertain the political destiny of the area and the desires of the Kashmiri populace was emphasized in these resolutions. The Shimla Agreement, which was signed in 1972 between India and Pakistan and placed a strong emphasis on peaceful conflict resolution and the maintenance of the status quo, also appears to be violated by India’s actions. The international community is now debating and worried about the potential legal and political ramifications of these violations.

Recent attempts by India to change the local domicile laws in an occupied territory have drawn criticism from around the world and prompted worries about potential Geneva Convention violations. A series of international accords designed to protect civilian rights in times of war, the Geneva Conventions, expressly forbid the transfer of a country’s civilian population into an occupied territory. India has come under fire for allegedly violating the Fourth Geneva Convention by attempting to alter these domicile laws. The need for international oversight and a resolution in the Kashmir region has been highlighted by these actions, which have also increased tensions surrounding the conflict and brought up moral and legal issues.

Recent attempts by India to change the local domicile laws in an occupied territory have drawn criticism from around the world and prompted worries about potential Geneva Convention violations.

Furthermore, Article 12 of the International Covenant on Civil and Political Rights is violated by India’s ongoing abuses of human rights in the area (ICCPR). These violations include extrajudicial killings, torture, and the general atmosphere of fear that violates the fundamental rights of the Kashmiri people. International organizations have expressed concern about the situation in Jammu and Kashmir, including the Organization of Islamic Cooperation (OIC) and the United Nations. These alarming statements, though, have not yet resulted in tangible action. As a result of India’s willful non-party status to the Rome Statute, which creates the International Criminal Court’s (ICC) jurisdiction, the Kashmiri people have few options for seeking justice and redress from other countries.

The violations of human rights that occur in Jammu and Kashmir are extremely alarming and well documented. Credible organizations such as Amnesty International and Kashmir Media Service (KMS) have published reports that highlight the ongoing suffering and fatalities that the people of the region face. Thousands of civilians have suffered from extrajudicial executions, excessive use of force, and torture over the years. Curfews, restrictions, and internet shutdowns have been implemented in an attempt to suppress peaceful demonstrations and dissent, creating an environment of fear and repression in the process. The multiple reports of sexual assaults, kidnappings, and the use of pellet guns against demonstrators highlight the pervasive and systemic human rights violations in IIOJ&K.

Divergent opinions have been expressed in the international response to the conflict in Kashmir. Being a major player, Pakistan has brought up the matter on a worldwide basis on a regular basis. The Organization of Islamic Cooperation (OIC) has expressed strong opposition to India’s actions and support for the people of Kashmir. Notably, the G20 Tourism Working Group meeting was held in Srinagar, and countries like Egypt, China, Turkey, Saudi Arabia, Indonesia, and Oman recently decided not to attend. By taking this collective action, they are making it very evident that they reject India’s territorial claims in the area. Rather, they emphasize how urgent it is to find a fair and peaceful solution to the Kashmir dispute, putting the rights and aspirations of the Kashmiri people front and center in the global conversation.

There have been egregious human rights violations and long-standing violations of international law related to the conflict in Kashmir. The situation has continued because the international community has not taken effective action to address it. Addressing this humanitarian crisis and striving for a peaceful resolution that upholds the rights and aspirations of the Kashmiri people are imperative for the international community. The people of Jammu and Kashmir are still suffering from the effects of a long-running dispute, so the conflict needs the immediate attention of international leaders and organizations.

The author can be reached at: omayaimen333@gmail.com.