Dr Muhammad Khan
FOR decades, India has been violating the implementation of UN resolutions, which clearly ask for the right of self-determination of the people of Jammu and Kashmir through plebiscite. Besides, Indian military has been committing the massive human rights violations in Indian Illegally Occupied Jammu and Kashmir (IIOJK) since 1990. As an independent state India has to follow the United Nations Charter, nevertheless its actions ruthlessly violate Article 2(4) of the United Nations Charter. This UN Article says, “All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.” India has been threatening the territorial integrity of the state of Pakistan and the people of Azad Jammu and Kashmir (AJK) directly and indirectly. Indian Army has been killing the AJK nationals through direct fire.
Very recently on 14 November 2020, Indian Army killed and injured dozens of Kashmiri nationals along Cease Fire Line (CFL) destroyed their properties and burnt their houses by direct firing. By using a direct force (firing with heavy weapons and small arms) on innocent population in AJK, India has contravened Article 2(4) of the UN Charter. It is a serious offence and India needs to be penalized through enforcement of UN sanctions for this blatant violation of UN Charter. Besides, UN is duty bound to force India not to commit such violations in future. Article 2(3) of the UN Charter emphasizes the State as, “All members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice are not endangered.” India has not settled the Kashmir dispute which is increasingly threatening the regional and international peace and security. Moreover, India is not providing justice to the people of IIOJK, who are demanding their right of self-determination promised in UN Charter and UN resolutions. In this regard, UN must take both preventive measures and obligatory enforcement actions. India also contravenes Article 41 of the Vienna Convention. Vienna Convention was drafted by the International Law Commission of UN on 23 May 1969, and that entered into force on 27 January 1980.The Vienna Convention deals the treaties; it’s a treaty on treaties and establishes rules, regulations and guiding principles for the implementation of treaties between states.
Unfortunately, India has violated all treaties between India and Pakistan and Indian obligations as per Vienna Convention. In the diplomatic relationship between Pakistan and India, India always violated this convention. Para 2 and 5 of UN Security Council Resolution 1373 of 2001 was passed against terrorism in 2001. Pakistan became the frontline state against global war on terror. India, however, found the opportunity to undertake two things. One; labelled the legitimate struggle of Kashmiris as terrorism and killed thousands of innocent people in IIOJK. Two; India established a network of terrorists through RAW to promote terrorism and sub-nationalism in Pakistan. Contents of this UN Resolution (1373) were severely violated by India. Through this resolution states were asked to extend cooperation by taking additional measures to prevent and suppress terrorism in their respective territories by all means.
The resolution strictly demands that all states shall: “(a) Refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts. (b) Take the necessary steps to prevent the commission of terrorist acts. (c) Deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe havens; (d) Prevent those who finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other states or their citizens.” States were emphasized to refrain from organizing, instigating, assisting or participating in terrorist acts in another state or acquiescing in organized activities within its territory directed towards the commission of such acts.
In breach of the abovementioned UN resolution, India made use of its own and Afghan soil for promotion of terrorism in Pakistan from 2001 to-date. India provided all sort of support (training, financing, weapons and ammunition and even harbouring) to terrorists of TTP and Baloch sub-nationalists for conducting terrorism in Pakistan. Indian Federal Ministers, its senior military officers and even National Security Advisor (NSA) have been publically admitting running of these terrorist networks against Pakistan. Indeed, India blatantly violated this UN Resolution and promoted all forms of terrorism against Pakistan.
As per DG ISPR, “the recent upsurge in violence in Pakistan is a direct consequence of Indian’s intensified engagements with all brands of terrorists, sub-nationalists and dissidents operating against Pakistan.” Colonel Rajesh, the Indian intelligence officer posted in Indian Embassy in Afghanistan, has been directly controlling the process of establishing the consortium of banned terrorist organizations against Pakistan. A letter written in Dari revealed that Col Rajesh had four meetings with commanders of banned terrorist organisations to “synergise their efforts and upscale terrorist activities in metropolitan cities (Karachi, Lahore and Peshawar) in November and December”.
In its entire history, India has always violated all international obligations, treaties and conventions. However, it is very unfortunate that United Nations, major powers and international community have never reprimanded this terror sponsoring state. On its part, Pakistan has sacrificed over 83000 lives and suffered enormous economic losses in the process of defeating the global terrorism. Pakistan always supported and abided by all international obligations, UN Charter and international conventions. The Government of Pakistan must approach UN and relevant international organizations about the Indian violations of UN Charter and international conventions. In promoting and sponsoring terrorism against Pakistan, India has blatantly violated UN Security Council Resolution No 1373 for which this world body (UN) must impose sanctions against India.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
