Indian violation of international conventions
THROUGHOUT in its post-colonial history, India has been violating the international conventions and treaties, yet there has been no criticism or condemnation from civilized international community.
In the case of Jammu and Kashmir state, ever since its invasion on a large part of the state in 1947, the people of the state are undergoing massive human rights violations at the hands of its military.
Indian annexation of Indian Illegally Occupied Jammu and Kashmir (IIOJK) on 05 August 2019 was illegal, immoral and a blatant violation of international law and UN resolutions.
In the last over seven decades, the plebiscite could not be held in the state only because of Indian disinclination and impediments.
Indeed, India was trying to gain time and finally annexed IIOJK into Indian Union as union territories without any legal provision and in complete disregard to the UN resolutions, especially two UNSC resolutions; 91 and 122.
It is to be noted that Article 370 was to remain valid until the conduct of the plebiscite in the state as per UN resolutions.
It got a provisional acceptance from the Constituent Assembly of IOJK persuasively.After provisional approval of this Article, the Constituent Assembly of IIOJK was dissolved in 1957.
Undoing the Article was to be done by the Constituent Assembly or at least Legislative Assembly of IOJK without which it stands illegal and unconstitutional.
Through this act, the state was relegated from the status, it traditionally enjoyed for centuries.
By disintegrating the state into two parts and lowering its status, India has indeed, demeaned the entire Kashmiri nation.
Grounds were prepared for that through imposition of Presidential Rule, after the Governor Rule.
On 01 April 2020, India introduced yet another law for the grant of Kashmiri citizenship to Indian nationals; a plan to make massive demographic changes in IOJK.
Article 49 of the 4th Geneva Convention-1949 provides adequate protection to local civil population of any occupying territory with respect to the right over their land and security against making any demographic changes in the composition of the original population.
Article 49 (6) of the 4th Geneva Convention exclusively deal with the Protection of civil population in the time of war.
Since 1990, the occupied state of Jammu and Kashmir has been a war zone with an overwhelming military presence of over 900,000 Indian troops.
Article 49 (6) of the 4th Geneva Convention prohibits the transfer by an occupying power of its own civilian population in the area it occupies or colonizes.
The Article stipulates that the “Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies”.
By any definition, India-occupied parts of Jammu and Kashmir became an ‘occupied territory’ on the day; Indian Army invaded it on October 27, 1947.
India is a signatory state of the Geneva Convention-1949, therefore bound to observe and follow the Convention in its essence.
Shifting its own population in occupied parts of the State of Jammu and Kashmir clearly aims at making the demographic changes by India.
The Jammu and Kashmir is an international dispute with dozens of UN resolutions, demanding its solution through a free and fair plebiscite.
How can India devise these strategies in occupied Jammu and Kashmir which is not part of it?
Once Article 49(6) clearly prohibits any measure meant for demographic manipulation by any state or an occupying power, how India is manipulating all this in the occupied state of Jammu and Kashmir while degrading its centuries old status of a state.
India had already manipulated the demographic changes in the Jammu Province of IIOJK.
Following the abrogation of Article 370 and 35-A and after amendments in the domicile laws; it is undertaking changes in IIOJK, by actively transferring its own population there.
From the perspective of international law, Geneva Convention, international covenants, UN Charter and UN resolutions and other human rights laws, Indian occupation of IIOJK and converting and annexing it into Indian Union is illegal and a wilful of violation of the international treaties.
From the legal perspective, India cannot change the status of a state under its occupation and whose resolution is pending at the UN.
Besides, this all being done against the wishes of the people of IIOJK who are still under siege, clamp-down and curfew despite passage of two years.
As an international body, United Nations has not played an effective and cogent role towards resolution of the Kashmir dispute.
In the post August 5, 2019 developments in IIOJK, UNSC held three closed-door meetings over Kashmir.
Unfortunately, not a single condemnation statement came out from these closed-door meetings against Indian illegal act.
The permanent five members of UNSC, making the elite club have been found seriously wanting over Indian illegal acts in IIOJK.
The international community and UNO are mysteriously quiet over the massive human rights violations, taking place in IIOJK.
The UN and elite club could have realized their global responsibilities in the light of Responsibility to Protect (R2P).
Away from local protests and rhetoric, the Government of Pakistan could have approached United Nations, International Court of Justice and other international forums against the illegal acts of India in IIOJK, especially abrogation of Articles 370 and 35-A and massive human rights violations.
In absence of any meaningful pursuance of the Kashmir dispute, India has further intensified its reign of terror besides making huge demographic changes in IIOJK.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
