Fit case for war crimes trial of Indian leaders | By S Nayyar Uddin Ahmad

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Fit case for war crimes trial of Indian leaders

KIND attention of the Office of the Prosecutor, International Criminal Court in the Hague is invited towards the ongoing systematic genocide and war crimes being continuously committed and perpetually perpetrated by the PM of India Narendra Modi-led Indian government, leaders and workers of the NAZI style Indian RSS party, leaders and workers of the ruling BJP party in India and the Indian Army’s leadership and troops under command and orders of the top Indian civilian government leadership in the geographical area of Illegally Indian Occupied Jammu and Kashmir (IIOJ&K) under occupation of the Indian forces, which is recognized by the UN as a disputed area between Pakistan and India under its Security Council Resolutions and the further proof of Kashmir being a disputed area is that a UN Military Observers Group in India and Pakistan is based in both the countries.

(It may be pertinently mentioned here that the entry of Narendra Modi was banned for ten years in Europe and the USA for his role in the riots against Muslims in the Indian province of Gujarat where he was Chief Minister during the riots and his crime was proved in the book titled ‘Gujarat Files: Anatomy of a Cover Up’ which is a journalistic book about the 2002 Gujarat riots authored and published by Rana Ayyub.

Here, it will not be out of context to mention that as per the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition.

It was the first legal instrument to codify genocide as a crime, and the first human rights treaty unanimously adopted by the United Nations General Assembly, on 9 December 1948, during the third session of the United Nations General Assembly.

The Convention entered into force on 12 January 1951 and has 152 state parties as of 2021.

As it is known that the Genocide Convention was conceived largely in response to World War II, which saw atrocities such as the Holocaust that lacked an adequate description or legal definition.

Polish-Jewish lawyer Raphael Lemkin, who had coined the term genocide in 1944 to describe Nazi policies in occupied Europe campaigned for its recognition as a crime under international law.

This culminated in 1946 in a landmark resolution by the General Assembly that recognized genocide as an international crime and called for the creation of a binding treaty to prevent and punish its perpetration.

Subsequent discussions and negotiations among UN member states resulted in the CPPCG. The Convention defines genocide as any of five “acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such.

” These five acts were: ~Killing members of the group, ~Causing them serious bodily or mental harm, ~Imposing living conditions intended to destroy the group, ~Preventing births, & ~Forcibly transferring children out of the group.

Victims are targeted because of their real or perceived membership of a group, not randomly.

The convention further criminalizes complicity, attempt, or incitement of its commission’. Member states are prohibited from engaging in genocide and obligated to pursue the enforcement of this prohibition.

All perpetrators are to be tried regardless of whether they are private individuals, public officials, or political leaders with sovereign immunity.

The CPPCG has influenced law at both the national and international level. Its definition of genocide has been adopted by international and hybrid tribunals, such as the International Criminal Court, and incorporated into the domestic law of several countries.

Its provisions are widely considered to be reflective of customary law and therefore binding on all nations whether or not they are parties.

The International Court of Justice (ICJ) has likewise ruled that the principles underlying the Convention represent a peremptory norm against genocide that no government can derogate.

The Genocide Convention authorizes the mandatory jurisdiction of the ICJ to adjudicate disputes, leading to international litigation such as the Rohingya genocide case, dispute over the 2022 Russian invasion of Ukraine and lately in March 2020 senior judges at the International Criminal Court have authorized an investigation into alleged war crimes and crimes against humanity in Afghanistan, overturning an earlier rejection of the inquiry.

The ICC investigation will look at actions by US, Afghan and Taliban troops. It is possible, however, that allegations relating to UK troops could emerge in that process.

Now, the question arises that If the US, UK and Russian troops can be investigated under the genocide conventions for much lesser crimes, why not the Indian government and its functionaries be invested for much worse genocide and serious war crimes which are very well documented in the above-mentioned book of an Indian journalist and tons of other documentary proofs of international and Indian organizations and personalities as detailed below?

Evidences details:

1.‘India fast heading towards much-feared genocide’.India is the No 1 country in the world that is likely to witness genocide, says analyst.

{Link:- https://tribune.com.pk/story/2380268/india-fast-heading-towards-much-feared-genocide}

2.Worldwide genocide of citizens and children of economically weak nations with deliberate supply of substandard poisonous medicines just for pecuniary benefits.

{Link:-http://www.snayyar.com/the-un-could-have-saved-the-deaths-of-66-gambian-children.html#sthash.FzQc5d6X.dpbs}

3.Details of genocide of Muslims in Gujarat province of India, proofs of sending a serving officer of Indian Navy (having issued official passport with a pseudo Muslim name for killing hundreds of Pakistanis in blatant act of cross border terrorism and worst heinous case of crime against humanity of burning to ashes of over four dozen Muslim Pakistani passengers in a running train in India.

{Link:- http://www.snayyar.com/dr-s-jaishankar-have-a-heart.html#sthash.Ltc9iOfF.dpbs}

4.First-ever UN human rights report on Kashmir calls for international inquiry into multiple violations.

{Link: https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23198}

5.It’s Time to Condition Aid to India. The country’s military violates human rights with impunity—and gets a pass in Washington.

{Link:- https://foreignpolicy.com/2022/08/15/india-united-states-military-security-aid-human-rights-ndaa/}

6. Kindly peruse at the link given below the best ever most authentic and voluminous chronically compiled (from the Indian and international references) biggest ever details, about the genocide of Indian forces in the IIOJ&K which was worse than the war crimes committed by the Germany of the Adolf Hitler, rampant rapes used as a weapon of war, abductions, torture (which was broadcast over loudspeakers to terrorize the population of the area), scorch earth policy by destroying the gardens of fruit trees, and causing blindness to the Kashmiri kids, youth and the entire population at an scale never ever witnessed in the human history.

{Link:- http://www.snayyar.com/india-is-a-fit-case-to-be-expelled-from-the-g-20.html#sthash.a3pNyxBV.dpbs}

It is hoped that as was decided in the case of inquiry against the US troops for any war crimes in Afghanistan, despite extremely stiff resistance from the US government, the ICC will not sit back and lose valuable and crucial time due to any opposition hue and cry of the Indian government, as genocide of Muslims in India has started with full momentum which the Kashmiri Muslims are already undergoing for DECADES (losing over a million lives) and in the first nine months of the current year Indian forces have already manslaughtered 678.

As such, even one second of an early action may save many lives of Muslims in India and the IIOJ&K.

—The author writes on strategic, political, economic, current affairs & sports.

 

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