LFOVK and IPS launches joint legal fact finding report urging War crimes tribunal to probe Indian atrocities in J&K

Islamabad, 4 Aug 2020:  The legal fact-finding report titled ‘Kashmir Statehood Abrogated, co-published by Legal Forum for Oppressed Voices of Kashmir (LFOVK) and Institute of Policy Studies (IPS), which was released today provides an in-depth report about the situation in J&K during the past one year since India abrogated Articles 370 and 35A of the Indian constitution, which revoked the region’s special status and unilaterally annexed the territory illegally.

The report says that the Indian government’s siege of the region can be classified as a military occupation via unilateral annexation which stands in violation of International Humanitarian Law in armed conflict. It says the international community should fulfill its responsibility and seek an interim remedy under the UN Responsibility to Protect (“R2P”) norm to stop further aggression of Indian forces in the occupied territory. 

India fulfills the definition of occupation under Article 42 of The Hague Regulations 1907; stands in violation of the fundamental rights of civilians under The Hague Regulations and Geneva Convention IV Articles 47-48, Additional Protocol 1, Article 75; stands liable for committing the crime of aggression via unilateral annexation in contravention of Article 8 bis 2 (b) of the Rome Statute; and has violated all four Geneva Conventions.

Director LFOVK Advocate Nasir Qadri while commenting on the sidelines of report launching ceremony said “India has been perpetrating atrocities in Jammu & Kashmir that come under crimes against humanity, crimes of aggression and war crimes, according to international laws. This necessitates setting up of an independent war crimes tribunal to investigate atrocities committed by the Indian occupying forces and intervention of the International Criminal Court to initiate proceedings against all perpetrators”. 

Executive president IPS Dr. Khalid Rahman said “the Indian occupation of Kashmir was never justified. When India abrogated article 370 and article 35A of its constitution it also loses its right to administer over Kashmir. When there is such an occupation, then Right to Freedom is a fundamental right for the people which UN itself has recognized and not only it is necessary for the people of Kashmir to have their right to freedom and not only that, every struggle is necessary for the people there to achieve Right of freedom”. 

The human rights abuses perpetrated by India include curtailment of religious rights, constraints on economic development, curbs on freedom of communication via the internet and telephone lines, restrictions on journalists, denial of the right to education, banning freedom of movement, along with the imposition of curfews, infliction of torture and arbitrary detentions.

Furthermore, India stands in violation of International Humanitarian Law due to the use of lethal weapons, sexual violence against women, illegal change in the demographic structure by bringing in people from outside the region after changing the provisions for domicile, inadequate response to the Covid-19 pandemic and destruction of civilian property.

The report, while citing scholars, says India’s introduction of the new domicile laws during the Covid-19 pandemic has created implications of demographic change and delimitations that will redraw the parliamentary and assembly constituencies in favor of those regions more receptive to the Indian government such as Ladakh and Jammu, thus tilting the balance of power from the historically majority Muslim Kashmir State.

The report commends that member states of the UN Security Council should refer to this case of illegal annexation and demographic change in the disputed region for an advisory opinion to the International Court of Justice. Also, the prospects of setting up a War crimes Tribunal to prosecute perpetrators of War crimes, Crimes against Humanity, and Crime of aggression under the International Criminal Court.

Download PDF file of the report here:

Kashmir Statehood Abrogated