Syed_45
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Kashmir is an internationally recognized disputed territory. Kashmir is an unfinished agenda of the partition. As of today, Kashmiris are still awaiting justice. Pakistan has steadfastly advocated the right of self-determination of Kashmiri people. Animosity between India and Pakistan will continue to fester, unless this dispute is settled as per wishes of Kashmiri people. Right of self-determination is a cardinal principle of International law. By virtue of its erga omens status, all UN state members must respect it in true latter and spirit. The very idea of self-determination was coined by American President Woodrow Wilson in the aftermaths of World War 1. The notion of self-determination was incorporated into the United Nations Charter. UN Charter Chapter XI — Declaration regarding Non-Self-Governing Territories Article 73(b) states that, ‘to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement”. Furthermore, Article 1 and 55 of United Nations Charter uphold the right of self- determination for all people. International Covenant on Civil and Political rights Article 1(1) states that, “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development”. International Covenant on Social, Cultural and Economic rights also endorse right of self- determination.
State of Jammu and Kashmir came under the British rule after the first Anglo-Sikh war in 1846. British defeated Sikh and demanded war reparations. Sikh failed to pay reparations and in turn gave state of Jammu and Kashmir to British. This was Treaty of Lahore 1846. This treaty was silent about the people residing in the state. This treaty overlooked the right of self-determination of Kashmiri people. British sold the state of Jammu and Kashmir to the Maharaja Gulab Singh under the Treaty of Amritsar 1846. Gulab Singh paid 7.5 millions of Nanak Shahi rupees. Treaty of Amritsar spoke about the modalities of governance and territorial issues but remained silent about the will of people. At the time of partition, British India had nine provinces and 562 princely states. After the Indian Independence act of 1947, British paramountcy over princely states lapsed. Modus operandi chalked out by British for princely states was based on the right of self- determination of the people of that state. Maharaja Hari Singh was the sovereign of the state of Jammu and Kashmir at the time of partition. Initially he was reluctant to sign instrument of accession to any of the dominion states. He wanted to rule himself against the public will. State of Jammu and Kashmir had 80% Muslim population. People wanted to join Pakistan but Hari Singh had other plans. Hari Singh started massacring Muslim population to alter demographic equation. Hari Singh now wanted to join India. People started revolting against Maharaja. There was chaos all around. Hari Singh asked Indians to help him out and in turn he will sign instrument of accession to India. Hari Singh signed instrument of accession to India, without seeking public consent. When Hari Singh informed Lord Mountbatten, His response was, “I wish that as soon as law and order have been restored in Kashmir and her soil cleared of the invader the question of the State's accession should be settled by a reference to the people”. While accounting above facts, instrument of accession signed by Hari Singh to India was illegal. Right of self-determination of the people was overlooked in this instrument, thus rendering it of no use.
Kashmir issue has many political and religious connotations attached with it. Pakistan has to take up an air tight legal case against India. For this sake, we have to build our case while relying on the International law. Political clamours and rhetoric might help one to win petty political objectives, but for a viable solution one has to rely on International law. Firstly, we have to question the validity of the very instrument of accession. United Nations Convention on the Law of Treaties Article 52 - Coercion of a State by the threat or use of force states that, “A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations”. Pakistan and India have ratified International Covenant on Civil and Political Rights and International Covenant on Social, Cultural and Economic Rights. India has violated the right of self-determination of Kashmiri people at multiple instances. India unilaterally revoked article 370 of its constitution without seeking consent of legislative assembly of state of Jammu and Kashmir. This articled granted special status to state of Jammu and Kashmir. Furthermore, reorganizing bill of state of Jammu and Kashmir into two union territories was shear disrespect to the will of people. All these violations of disrespecting the very right of self-determination of Kashmiri people can be brought under the jurisdiction of International Court of Justice, as India has ratified the International covenants on Civil and Political rights. International court of Justice can give an advisory opinion on violations of self-determination, if asked upon. This advisory opinion can help us a lot, in convincing International community. Indian Armed forces commit blatant violations of International Humanitarian law in the occupied valley. Use of pellet guns, forced disappearances, extra judicial killings, all these are war crimes committed by Indian Army. All these are the blatant violations of Geneva Conventions of 1949 and their additional protocols. Blatant violations of Geneva Conventions can be brought under jurisdiction of International Criminal Court.
Pakistan has to remain resolute and vigilant in extending its political, diplomatic and moral support to Kashmiri people. Peace in South Asia is subjected to the resolution of Kashmir issue, as per the wishes of people. Right of self-determination is a fundamental principle of International law. It is the responsibility of United Nations to guarantee right of self-determination of people of Kashmir, as promised in various resolutions of Security Council.
State of Jammu and Kashmir came under the British rule after the first Anglo-Sikh war in 1846. British defeated Sikh and demanded war reparations. Sikh failed to pay reparations and in turn gave state of Jammu and Kashmir to British. This was Treaty of Lahore 1846. This treaty was silent about the people residing in the state. This treaty overlooked the right of self-determination of Kashmiri people. British sold the state of Jammu and Kashmir to the Maharaja Gulab Singh under the Treaty of Amritsar 1846. Gulab Singh paid 7.5 millions of Nanak Shahi rupees. Treaty of Amritsar spoke about the modalities of governance and territorial issues but remained silent about the will of people. At the time of partition, British India had nine provinces and 562 princely states. After the Indian Independence act of 1947, British paramountcy over princely states lapsed. Modus operandi chalked out by British for princely states was based on the right of self- determination of the people of that state. Maharaja Hari Singh was the sovereign of the state of Jammu and Kashmir at the time of partition. Initially he was reluctant to sign instrument of accession to any of the dominion states. He wanted to rule himself against the public will. State of Jammu and Kashmir had 80% Muslim population. People wanted to join Pakistan but Hari Singh had other plans. Hari Singh started massacring Muslim population to alter demographic equation. Hari Singh now wanted to join India. People started revolting against Maharaja. There was chaos all around. Hari Singh asked Indians to help him out and in turn he will sign instrument of accession to India. Hari Singh signed instrument of accession to India, without seeking public consent. When Hari Singh informed Lord Mountbatten, His response was, “I wish that as soon as law and order have been restored in Kashmir and her soil cleared of the invader the question of the State's accession should be settled by a reference to the people”. While accounting above facts, instrument of accession signed by Hari Singh to India was illegal. Right of self-determination of the people was overlooked in this instrument, thus rendering it of no use.
Kashmir issue has many political and religious connotations attached with it. Pakistan has to take up an air tight legal case against India. For this sake, we have to build our case while relying on the International law. Political clamours and rhetoric might help one to win petty political objectives, but for a viable solution one has to rely on International law. Firstly, we have to question the validity of the very instrument of accession. United Nations Convention on the Law of Treaties Article 52 - Coercion of a State by the threat or use of force states that, “A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations”. Pakistan and India have ratified International Covenant on Civil and Political Rights and International Covenant on Social, Cultural and Economic Rights. India has violated the right of self-determination of Kashmiri people at multiple instances. India unilaterally revoked article 370 of its constitution without seeking consent of legislative assembly of state of Jammu and Kashmir. This articled granted special status to state of Jammu and Kashmir. Furthermore, reorganizing bill of state of Jammu and Kashmir into two union territories was shear disrespect to the will of people. All these violations of disrespecting the very right of self-determination of Kashmiri people can be brought under the jurisdiction of International Court of Justice, as India has ratified the International covenants on Civil and Political rights. International court of Justice can give an advisory opinion on violations of self-determination, if asked upon. This advisory opinion can help us a lot, in convincing International community. Indian Armed forces commit blatant violations of International Humanitarian law in the occupied valley. Use of pellet guns, forced disappearances, extra judicial killings, all these are war crimes committed by Indian Army. All these are the blatant violations of Geneva Conventions of 1949 and their additional protocols. Blatant violations of Geneva Conventions can be brought under jurisdiction of International Criminal Court.
Pakistan has to remain resolute and vigilant in extending its political, diplomatic and moral support to Kashmiri people. Peace in South Asia is subjected to the resolution of Kashmir issue, as per the wishes of people. Right of self-determination is a fundamental principle of International law. It is the responsibility of United Nations to guarantee right of self-determination of people of Kashmir, as promised in various resolutions of Security Council.
