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September 26, 2020

‘The question of Kashmir in International Law’

Islamabad

 
September 26, 2020

Islamabad : The Islamabad Policy Research Institute (IPRI) organised a webinar on the theme, ‘The Question of Kashmir in International Law,’ here, says a press release.

The webinar included; Shayan Malik from the Research Society of International Law (RSIL), Taimur Malik from news and analysis portal ‘Courting the Law’ and the international law expert Dr Saadia Zahoor who discussed the law fare options available with Kashmiris as well as Pakistan to counter the egregious human rights and international law violations by Indian occupation forces in IIJOK.

Acting President of IPRI, Brig (r) Raashid Wali Janjua in his opening remarks stressed on the necessity of exploring legal dimensions of the Kashmir Dispute in a region, which hosts one third of humanity. He also showcased a Kashmir Fact book prepared by the think which included all relevant UN Resolutions, international mediation efforts, bilateral agreements, Track II initiatives and a record of human rights and international law violations by India.

Taimur Malik then mentioned how India since August the 5th, 2019 had not fulfilled its obligations to the Kashmiri population under the 4th Geneva Convention of 1950 and continued to commit egregious human rights violations against the indigenous Kashmiris. Senior Research Associate at the RSIL, Shayan Ahmed Khan dwelt on the need for highlighting gross violation of human rights as well as International Humanitarian Law by Indians. The need to invoke domestic law as well as ‘Universal Jurisdiction’ against human rights violations in countries like United States, the United Kingdom, Australia and Argentina was also emphasised as a potent law fare option. Dr. Saadia Zahoor then explained what impeded Pakistan’s ability to approach the International Court of Justice, and ICC given that both India and Pakistan did not subscribe to any bilateral or multilateral treaty granting dispute resolution jurisdiction to the ICJ.

The discussions followed a question and answer session where there was broad consensus among panelists that the question of Gilgit Baltistan’s status was starkly different to Indian Illegally Occupied Jammu and Kashmir and that Pakistan needed to factor in all relevant risks and benefits relevant to international law and its stated position on dispute while taking any political initiative on the issue. The need to take an aggressive stance against Indian human rights violations and war crimes armed with a strong law fare suit was the most puissant message from the webinar.