Options of Pakistan vs Indian illegal act by PM Modi

It is now beyond doubt that PM Modi is associated with enough crime data on record for which he can be tried as war criminal along with his army chief and security adviser.

I have been advocating in my articles and speeches about the anti-mind set of PM Modi against Kashmiris and Pakistan which he demonstrated by performing the act of Pulwama and then as usual he blamed Pakistan as he was replicating the incident of Samjhota Express.

Modi was already doing the genocide in Kashmir and his entire apparatus on the ground was to reduce the Muslim Kashmiris to minority like Gaza by Israel. We have a small window of time to act, we need to launch fast measures to get this illegal action of the PM Modi reversed.

I therefore call upon the government for an aggressive launch of the following course of actions to reverse the abrogation of Article 370 and Article 35A before the international competent authorities:-

1. Violation of the UN charter of its own resolution needs to be agitated in the UN. I understand that the government should have gone by now in the Security Council but it looks that the government is slow in its actions and let us hope that the government will win sizeable diplomatic lobby of friendly countries to create strong voices to back the point view of Pakistan & Kashmiris in the upcoming UNO session.

2. The government should immediately move the matter under the Vienna convention/Geneva Convention - Gross violation of Human Rights as per its own findings and insist for legal action beyond media condemnation.

3. Rome convention - which is doable as PM Modi can be tried under war crimes as per charge sheet where I have sufficient incriminate material to prove PM guilty of his crimes as it legally fit charge to drag PM Modi under the Rome convention as explained above as there is ample of irrefutable evidence against the butcher of Gujrat PM Modi.

The profile of Modi is itself a testimony against him and he is the only world leader who rose from the title of being a wanted criminal to the darling PM on the West and he continue to enjoy their support.

I had my first counter when I went to India on my official visit and I faced RSS & RAW influenced journalist who demanded that I should have travelled with an apology for the killing of a captain of Indian Army. I had given a befitting response which was not liked by then CM Narendra Modi, who addressed - me as Viceroy of India.

This CM, keen on extremism drew my attention and I started indexing his activities. He came under my radar after which my interest discovered the real Modi. Over the passage of time, I have been giving a number of predictions regarding ill motives of PM Narendra Modi, his party and RSS against Muslims of India and Kashmir. It was the same time when the people of India declared him as the Butcher of Gujrat. He started coming into the limelight when he was nominated as a candidate of PM’s position by BJP. His political rise stands dedicated to RSS as a trained extremist of RSS.

He learnt the torture and blackmailing techniques with them. I have written details of his rise with militant backgrounds in my book Modi’s War doctrine. His extremist mindset has led him to commit inhuman acts and made him to emerge as chief of extremism. I have submitted a number of charge sheets legally fit for his trial as a war criminal. I had earlier served a charge sheet to PM Modi via Indian High Commission for his brutalities which Indian forces are committing. I sent its copy to UNO with the request to take the notice of human rights violations in Kashmir and asked them to refer the case to International Criminal Court (ICC) but so far no action has been taken yet.

I had mentioned about all the atrocities committed by Modi and Indian army against innocent Kashmiris. In my charge sheet, I had directly called Mr. Narendra Modi out for his every single misdeed as follows to be treated as a final charge sheet with additional material.

• All the mass murders, mass blinding, enforced disappearances, torture, rapes, political repression and suppression of freedom of speech of Kashmiris committed by PM Modi.

• Violation of all the global treaties by not allowing the human rights bodies to access Kashmir to cover the gross violation of human rights.

• Modi is an internationally declared terrorist as he was publicly appeared in ‘Top Ten Criminals’ and for that very reason he remained banned in the USA as per the American law for a decade for his role in killing hundreds of Muslims in Gujrat under the International Religious Freedom Act (IRFA) provision of US Immigration and Nationality Act (INA).

• He is an active member of the RSS (a Terrorist organisation), which has been involved in the massacre of Muslims since its inception. Alone, since January 1989 till 31st January 2018, 94,644 innocent Kashmiris have been killed, 7, 099 were killed in custody, 11,042 women were gang-raped and 7, 485 were injured by pellets. Major above sufferings are during the premiership of Modi.

• Section 370 & Section 35A has been scraped with the ill motives to get RSS trained families in Kashmir by allotting lands and houses to them in Kashmir so that the Muslims living there can be reduced as a minority, which is the utter violation of their rights.

• ‘RSS’ is an anti-Muslim organisation whose only intention is to kill Muslims until India is left with only Hindus residing in it. It’s the same organisation that killed Mahatma Gandhi as it was against the creation of a separate homeland for Muslims.

• PM Narendra Modi and RSS have been involved in all incidents of mass murders of Muslims i.e. massacre of Muslims in Ahmedabad, Gujarat, and the demolition of Babri Masjid, incidents of Malegaon and Samjhota Express and now the same is being replicated in Kashmir.

• PM Modi increased the number of troops in Kashmir to the level of above 700,000 to ruin the peace of innocent Kashmiris who are struggling for their rights as per the resolution of UNSC dated April 21, 1948.

• Even the international community has termed the use of pellet guns against innocent Kashmiris by Indian Army as first mass blinding in human history yet Narendra Modi feels no remorse for ordering it.

• Narendra Modi and RSS are unleashing their actual motive of ethnic cleansing of Muslim majority in Kashmir; by mass murdering Muslims and violating all human rights having no respect for human dignity and honour. According to Akhand Hindustan Morcha’s narrative, there will be no Muslim/Christian/Sikh by 2035 and PM Modi has undertaken this task with full support to this move from extremists.

• The High Commissioner for Human Rights United Nations to constitute a high powered Commission to frame this charge sheet on the violation by PM Modi and prosecute Modi under war crime under the Rome convention

• PM Modi is a terrorist financer as he authorised Kulbhushan Yadav, a spy to carry out terrorist activities in Pakistan.

5. He is protector of money launderers and fugitives and has obstructed Penal actions against international criminals.

In fact, I have been advocating and predicting that Modi and his peers from RSS are planning on ethnic cleansing of Muslims and in order to achieve their goals, they are settling RSS trained families in Kashmir by allotting lands and houses to them in Kashmir so that the Muslims living there can be reduced to the minority, which is the utter violation of their rights.

Modi’s crimes and evidence fulfil the criteria of being called a criminal of war under the Rome convention. The Rome Statute is an agreement which offered ground for the establishment of the International Criminal (ICC). The Rome Statute was approved in Rome, Italy on July 1, 1998 and it came into effect from July 2002. The Court was established to investigate, prosecute and try individuals accused of committing the most serious crimes of genocide, crimes against humanity and war crimes etc.

Article 5 of the Statute deals with the crimes within the jurisdiction of the Court. The criminal activities of PM Modi attract trial under this convention.

The Court has jurisdiction in accordance with this statute with respect to the following crimes:

(a) The crime of genocide.

(b) Crimes against humanity.

(c) War crimes.

(d) The crime of aggression.

The Rome Statute applies equally to everyone regardless of their status, even the heads of the governments are not granted immunity.

There are three ways in which the Court can initiate investigations. First, a state that is party to the Rome Statute can refer a case to the Prosecutor of the Court. This is what the Ugandan government did in January 2004, about the situation in northern Uganda. In March 2004, the government of DRC referred crimes in the DRC to the Court.

Second, the UN Security Council can refer a case to the Prosecutor.

Third, the Prosecutor can initiate investigations into a case on his own initiative, based on credible information that he has received. This information can come from states, NGOs, victims, or any other source.

In 3rd way, where the Prosecutor decides to take action by himself and without a state referral – he first carries out a preliminary examination and then submits a request for authorisation of a formal investigation to the Pre-Trial Chamber of the Court.

In other situations where the Prosecutor receives a referral from a state party, he must check whether the referral can be approved under the requirements of the Rome Statute and whether crimes under ICC jurisdiction appear to be serious in nature and also have been committed. If those requirements are met, the prosecutor must initiate an investigation.

Under the Rome Statute, every accused is guaranteed the highest standards of fair trial until proven guilty. Also a person cannot be tried again for a crime for which he or she has already been convicted. The Court can also exclude the accused from criminal responsibility if that person is suffering from a mental disease or was in a state of unwanted intoxication at the time he committed the very crime.

After a fair trial if the accused is proven to have committed the crime in all consciousness while committing it, he or she can be sentenced to life imprisonment. The Court plans to have pre-trial detention facilities in The Hague. The enforcement of a sentence of imprisonment in the host State is subject to the supervision of the Court. The execution of the sentence is carried out in accordance with international standards governing treatment and rights of prisoners.

The overwhelming evidence of brutalities on the people of Kashmir is itself a testimony of his war crimes. Today, all the facts I mentioned and all the predictions I had made in my book and the articles regarding this PM Modi are proven as truth by the time.

In my book “Modi’s War Doctrine” I had also predicted before Indian elections that Modi will go some extra miles to garner votes and support from his people by inciting hate against Pakistan as well as the Muslims and the world saw how he did achieve his election victory through self-generated act of Pulwama and subsequent drama of imaginary strikes in Pakistan and his further disinformation of killing of more than 300 civilians.

I am of the strong opinion that we need fight on diplomatic and international legal fronts with strong legal teams backed by human rights experts. My charge sheet which is already on public record will be helpful in building our case.

The charges I have put against him have already been published in local and international media including my book “Modi’s War Doctrine” whereas Modi has never denied these charges publicly.

My services with evidence would be Omni present for my country to fight our case on the international front. I have already briefed the government through Senate Standing Committee on Foreign Affairs on 9th Aug.

Our strong and consistent aggressive efforts on the right international forums can reverse this illegal action of India committed against the resolutions of UNO.

The writer is former interior minister of Pakistan, Chairman Senate Standing Committee on Interior and Chairman of Think Tank "Global Eye". He can be reached at: rmalik1212@gmail.com, Twitter @Senrehmanmalik