Human rights violations in Occupied Kashmir are a result of illegal occupation: Expert

ISLAMABAD: “The conflict in Kashmir meets the threshold of International Armed Conflict (IAC) under Geneva Convention,” experts said at the sixth session to deliberate on “Failure of UN and Humanitarian organizations” viz-a-viz Kashmir.

At the round table hosted by the Legal Forum for Kashmir (LFOVK) on Monday, the final Session of “International Armed Conflict & Kashmir was held which aimed to trigger a debate over Kashmir’s International Armed conflict character and the applicability of the Law of War in disputed region.

Asif Khan, a senior assistant professor at Bahria University, said that all international laws, Geneva Conventions, and additional protocols apply to Kashmir but unfortunately, “we don’t see application of the international law in Kashmir.”

“For any occupation, there is legal solution and we push same before judicial bodies,” he said.

Iman Mazari in her comments said that Additional protocol IV restricts India for destroying civilian property in Occupied Kashmir.

“Human rights violations in Occupied Kashmir are result of illegal occupation,” she said.

“The denial of medical treatment, communication blackout, use of internationally banned pellet shotguns in IOK by Indian authorities stands in violation of international law.”

“Changing demography of Indian-occupied Kashmir into a Hindu majority by Modi-led BJP government and after abrogation of article 370 and 35A, India has breached Shimla agreement. Annexation cannot be recognized and we should work to sanction the occupying state for crime of aggression,” she added.

Oves Anwer, Director Research Society of International Law (RSIL), said the real battle is a “battle of narratives and legal battle”.

“The language of this battle is international law. We are not confronting India where we should confront. Unfortunately, Pakistan has reservations on international affairs,” he observed.

“India is labeling Kashmir freedom fighters as terrorism which is against all international norms. Kashmiris are fighting a legitimate war of liberation under international law,” he asserted.

Mohammad Shoib, assistant professor at Bahria University, said: “we need to realize that Kashmir is not only a political and legal issue, it is the case of humanitarian crises and occupation.”

“India cannot make laws for occupied territory, and Kashmiris don’t accept the constitution of India. So, the resistance against India becomes justified action for attaining the Right of Self Determination. Whatever India does to annex Indian-occupied Jammu and Kashmir is the strategy of Israel. Pakistan must take it serious,” he said.

The session was chaired by Justice (R) Ali Nawaz Chowhan – a former international judge at Hauge and Honorary member of LFOVK.

He said the government lobbyist for Kashmir “have no urge to fight for the right of Kashmir till internationalization of this issue was done by India itself”.

“This issue must not be reduced as a human rights issue. It is a hostile armed conflict with deep consequences if not addressed in due time,” said Justice Chowhan.

Chohan thanked LFOVK for its commitment and endeavor to pursue the lawfare of Kashmir.

“I am honored to be part of this team and soon we will come up with a legal doctrine which will give hope to the hopeless,” he said.

The session was moderated by Nasir Qadri, Director LFOVK.

He summed up the debate by calling Kashmir a “case of International armed conflict” while referring to certain International Humanitarian Law treaties which India has become a party.

Qadri said: “India cannot run away from the atrocity of crimes which they commit in Indian-occupied Jammu and Kashmir. The rhetoric Kashmir as an internal matter or integral part is limited to their vote bank world knows the intensity of this armed conflict.”