ISLAMABAD, Jan 5 (APP): The struggle for the right to self-determination in the Illegally Occupied Indian Jammu and Kashmir was neither a secessionist movement, nor terrorism, but was a freedom movement.
The remarks came at a seminar on human rights violations and war crimes in the IIOJ&K, including Russell Tribunal 2021 proceedings. The event was organised by the Islamabad Policy Research Institute (IPRI). The first Russell Tribunal on Kashmir comprised 15 international judges all experts from the global legal and academic community which held four sessions on the themes of genocide, settler colonialism, crimes against humanity and decolonization.
The event showcased the atrocities in Kashmir, crimes against humanity and war crimes. It also highlighted the efforts by the Narendra Modi regime for the erasure of Kashmiri identity and trampling of international law, which has gained maximum traction under the current BJP regime.
The illegal annexation of Kashmir after revocation of article 370 in 2019 also resulted in the reinvigoration of the Kashmiri freedom movement over the last two years has been subjected to all kinds of pressures including incarcerations mob lynchings killings alteration of democratic demographic balance violation of property rights of the state subjects.
The seminar also noted the digital apartheid through communication blackout and regretted that the international community despite being aware of the illegality of Indian annexation of the state of Jammu and Kashmir and human rights violations chose to look the other way, because of Indian influence with the global powers.
The event was addressed by the former foreign minister and foreign secretary Ambassador (retd) Inamul Haque, former federal minister and President Research Society of International Law (RSIL) Ahmer Bilal Soofi, Secretary-General Kashmir Civitas Dr Farhan Mujahid Chak, Registrar and Assistant Professor Quaid-e-Azam University Dr Raja Qaiser, and Legal Director, CMS McKenna Narabarro Olswang LLP Hassan Aslam Shad were the speakers, who highlighted the issue of human rights violations and war crimes in the IIOJ&K.
The participants brought to fore the political, diplomatic and lawfare dimensions on Kashmir, and were of the view that the occupied valley was one of the most militarised disputed areas with more than 900,000 soldiers indulging in the human rights violations, crimes against humanity and war crimes.
Ahmer Bilal Soofi, in his keynote address, remarked that under all the definitions of international law, the state of Kashmir was witnessing genocide, repression, human rights violations and war crimes.
He gave a detailed presentation and said India was getting away with serious violations of international law due to the geopolitical complications of the global powers. He said the Russell Tribunal has pointed out the war crimes being committed by India, against the Kashmiris. He said there were categories of weapons; that if they were indiscriminate in nature, if they result in unnecessary injury, then they are prohibited under international law and cannot be used. And such weapons, he said were being used by India against the Kashmiri people.
He also pointed to the bombardment of targets of purely civilian character for example hospitals, homes and schools and also mentioned the incident of tying up of Kashmiri youth in front of an Indian military jeep, which he said, spoke of gross violation of the human rights.
The participants pointed to the proceedings of the Russell Tribunal on Kashmir in Sarajevo, Bosnia, on December 17-19, and said that it was a leap forward and has put the issue of Kashmir on the international agenda.
The speakers said under the Russell Tribunal India stands guilty of committing violations, as was the case in Vietnam.
Dr Farhan Chak, Secretary-General of Kashmir Civitas ā a Canadian registered NGO, observed that the Kashmiris are trapped in a false binary between India and Pakistan, and since 2019 India has blatantly trampled Kashmiris rights in the IIOJ&K.
The seminar concluded that Kashmir is a disputed territory, where the Indian illegal acts and use of coercive power have created legal, human rights and security issues that need to be tackled by well-resourced efforts on diplomatic, political and lawfare fronts.
Former Ambassador Inam ul Haq in his concluding remarks said it was pointed that since India and Pakistan both were nuclear weapons states there was really no military solution to the issue of Jammu and Kashmir. The other option was a political solution which can come either through the united nations or through some other organizations or through bilateral negotiations or through mediation-arbitration or adjudication. However, the problem was that India refuses to discuss Kashmir with Pakistan and no dialogue was going on between India and Pakistan.
He said Indians were happy to have a dialogue with Pakistan and boost trade relations because if Pakistan opens trade with India it could lead to de-industrialization, as there might be a major trade deficit between the two countries.
He said by putting Kashmir on the back burner and discussing trade with India would be a loss for Pakistan and not for India. It would be a major plus for India because it will be used to tell the international community that Pakistan has come down to its view that Kashmir was not important as they are discussing trade with them. It would be followed by asking Pakistan to open up links with Central Asia and transit for Indian goods to Afghanistan.
Pakistan insists that Kashmir must be a part of the negotiations and discussions, while the Indians do not wish to discuss or touch upon Kashmir, as “they want to do cherry-picking they want to discuss only those subjects which are of interest to them.
He said one of the ways forward was to approach the international community to protect the people of Jammu and Kashmir from the violation of their fundamental human rights by Indian military forces. He said Pakistan was taking it up at the Human Rights Council and elsewhere. “We can strengthen those efforts and we should continue those efforts,” he said.
It was also noted that the Kashmiris struggle is neither a secessionist movement, nor terrorism, but it is a freedom movement.
Acting President and Director Research IPRI, Brig (retd) Raashid Wali Janjua said that there is a need for properly resourcing and projecting the Kashmir issue.
