UNDENIABLY, a phenomenal resurgence in the Kashmiri struggle for freedom from India’s fascist occupation has been galvanized since 1989. And since 1991, Pakistan has been observing the Kashmir Solidarity Day on February 5 as a symbol of unflinching support of the people of Pakistan to the Kashmiris –demonstrating their remarkable defiance against the Indian occupying forces.
The Kashmiri freedom and resistance struggle is espoused with a determination that Kashmiris will never bow down before a fascist Indian rule full of repression and suppression, illegally occupying and annexing their territory while undermining their fundamental right of self-determination guaranteed to them under the UN’s Human Rights Charter and the UNSC resolutions of 1948.
The Modi Government’s actions in Kashmir, especially following the abrogation of Article 370 on August 5, 2019, are often viewed as a means of suppressing the voices of Kashmiris seeking freedom. This move ended the region’s special autonomy, leading to heightened military presence, restrictions on communication and crackdowns on dissent. Reports indicate that these measures intensified the oppression of Kashmiri activists and leaders, with significant actions such as the demolition of homes belonging to prominent freedom leaders. Critics label the government’s approach as ‘fascist’, arguing that it systematically undermines the fundamental rights of the Kashmiri people and stifles their aspirations for self-determination promised to them under the 1948 UNSC resolutions.
Critics argue that stripping Jammu and Kashmir of its autonomy and altering its status through legislative measures cannot legitimize the occupation, especially in the context of disputes involving claims from both India and Pakistan. The recent ICJ ruling on Palestine underscores the applicability of international law to disputed territories, affirming the right to self-determination. This principle can similarly apply to Kashmir, where claims of self-determination and sovereignty are contentious. Applying the very essence of the ICJ verdict, vis-a-vis the Kashmir case, the annexation of Kashmir to the Indian Union violates international law because it constitutes the acquisition of territory through force, denying the Kashmiri people their right to self-determination.
According to international legal principles established by various United Nations Security Council resolutions, occupation of both Palestine and Kashmir reflect breaches of the right to self-determination and the prohibition against acquiring territory by force. Specifically, the International Court of Justice (ICJ) has underscored that such annexations undermine the sovereignty rights of the affected peoples, thereby violating established international law standards.
Other than the above violations, there are draconian domestic laws of the Modi’s Government that violate fundamental rights of the Kashmiris. That include: 1-Enforcement of the Jammu and Kashmir Public Safety Act (PSA): This allows for detention without trial and has been used extensively to silence dissent; 2-Internet and Communication Blockades: Following the revocation of Article 370, there were prolonged communication blackouts that hindered access to information and restricted freedom of expression; 3-Increased Surveillance and Militarization: The region has seen an increase in military presence and surveillance, contributing to a climate of fear and repression. These actions have led to widespread allegations of human rights abuses against the local population, as noted by various human rights organizations.
For endless years, the Indian Army has been conducting cordon-and-search operations in the Valley thereby detaining young men, assaulting other family members and summarily executing suspected militants. The brutal tactics employed resemble those used in the early 1990s in the Kashmir Valley – indiscriminate shootings and assaults, rape and arson – that provoked widespread anger among the local population. So far, a majority of Kashmiri population has been subjected to horrific atrocities at the hands of 900,000 Indian occupation forces that killed 94, 952 people, arrested 143, 381 and raped 11058 women. Moreover, custodial killings, the summary execution of detainees, remain a central component of the Modi Government’s fascist counter-insurgency strategy, resulting in summary executions number in the thousands.
The international community should adopt several measures to support freedom for Palestine and Kashmir following the International Court of Justice (ICJ) verdict on occupation. These measures could include: 1-Diplomatic Pressure: Nations should exert diplomatic pressure on countries involved in the occupations to comply with international law and respect the rights of the affected populations; 2-Sanctions and Accountability: Implementing targeted sanctions against individuals or entities that violate international law as well as promoting accountability through international legal mechanisms; 3-Support for Peace Initiatives: Encouraging and facilitating dialogue between the parties involved, while providing support for grassroots movements advocating for peace and human rights in both regions; 4-Humanitarian Aid: Increasing humanitarian assistance to the affected populations, ensuring that aid reaches those in need without political interference; 5-Advocacy and Awareness: Raising global awareness about the situations in Palestine and Kashmir through campaigns, educational programs and media coverage to foster international solidarity.
Because of the geopolitical interests, the western controlled UNSC pays no grave attention to the Kashmir conflict, which persists amid various domestic and international political dynamics. Needless to say, Kashmir is an incomplete agenda of the partition of subcontinent since the region’s political and territorial status was not resolved at the time of partition in 1947 which led to the creation of India and Pakistan, but Kashmir, which was a princely state, faced a conflict regarding its accession. This unresolved status has resulted in ongoing tensions and conflicts between India and Pakistan, making Kashmir a significant issue in the region and a long-standing topic on the United Nations agenda. Thus, it is necessary that the UNSC should invoke its R2P while upholding the Kashmiris’ right of self-determination.
—The writer, based in Pakistan, is an independent IR & International Law analyst, also an expert in Conflict and Peace Studies (with a special focus on Palestine and Kashmir), is a member of the European Consortium of Political Research (ECPR), including the Washington Foreign Law Society/American Society of International Law.
