Kashmir & The Conundrums of War

The concept of justice seems to turn its head holding different meaning depending on whether you are an adversary or an ally. This is what has happened with Kashmir. All the tears and noise and cries are falling in deaf ears as if their life doesn’t matter at all; as if they never existed. Phrases like rule of law, due process seems to do more justice to those who have got resources and not to the minorities. At least that’s what it seems like after what has happened to Kashmir.

A civilized world cannot be expected to experience such Massacre happening in broad day light. Oddly enough, this hostile takeover has been endorsed by UN the organization established to protect the vulnerable has rightly turned its back to them. It seems to me that Pakistan is the only country standing with the Kashmiri people but what can one state do? The only option the country has is to go for head to head nuclear war with the tyrant India.

The question arises as to the proximity of this two nuclear states going for head to head war. Is it at all possible? Well according to me chances for a Nuclear holocaust is still alive. Let have a look why?

India and Pakistan took the world with a surprise when they acquired and carried out nuclear test in May 1998, and became a de facto state armed with nuclear weapons. However, these tests were widely condemned by the international community more specifically by IC, and resulted in short term US sanction.

A recent research has estimated that if nuclear war breaks down between India and Pakistan would kill as many as three to four times more people per bomb than in Japan because of the higher urban densities in Indian and Pakistani cities. The possession of Nuclear weapon in both of these nation is more worrying as they are not a signatory of Non-Proliferation Treaty (NPT), 1995 or the Comprehensive Nuclear-Test-Ban Treaty (CTBT), 1996.

Furthermore, both India and Pakistan are not the members of NPT. This raises a serious risk of illicit proliferation of nuclear weapons by both the nation. Also, this raises more risk and makes other countries vulnerable to their attack as long as their leaders consider that its right thing to do. With the rise of religious hatred against the Muslims in India it’s not far when the world may witness of such war taking place.

As UN has totally wiped their hands and decided not to step in or take any actions against India’s illegal occupation of Kashmir it raises the bar and the threat of war is still alive. It must be borne in mind that India and Pakistan is arch rival on the matter over Kashmir and this with the recent hostile takeover of Kashmir by the Indian, the nightmares of Nuclear holocaust are slowly taking form of a reality.

If there’s a nuclear war between Pakistan and India…

The above statement endorses that Kashmir is in on the edge of Nuclear minefield. The Kargil Review Committee appointed by India to examine the Kargil war reported that Kashmir is at high risk of Nuclear war. The report further reflects India’s lack of capability in terms of controlling northern borders of Kashmir by positing Indian army along the uninhabited wilderness in the high mountains. The report further states that India is well prepared to use nuclear warhead if needed to protect its territory.

The Universal Declaration of Human Rights (UDHR) has become a powerful mechanism and tool to represent the conscious of those unrepresented and a warning for those powerful territorial entities which before were never scrutinize to such an extent by any international entity or organization.

If Kashmir is not resolved today than this powerful message will be gone forever and the world will have only itself to blame. United Nation (UN) is the conscience of the international community and Kashmir is the victim of the larger territory.

If UN doesn’t stand for Kashmir today than all faith in UN will be lost. UN was establishing with a soul purpose to protect from any adversaries and not to prolong the adversity. In order to maintain the prestige and legitimacy of International Human rights law, it is very important that UN takes steps to bring the human rights violation committed by India to an end. Hence, the only way to stop such Nuclear holocaust is for the UN to step in.

Modi regime taking revenge from people of Kashmir: Yousaf

In order to suppress the legitimate claim for the right of self-determination, India has increased the number of troops to crush the uprising. As the President of Pakistan well stated that if UN fails to act now than the entire Jurisprudence of International law will be shamed. The Indian forces are involved in systematic ethnic cleaning, acts of aggression and violation of human rights but the nobody comes forward to lend some help to the poor Kashmiri.

India is a party to UN charter. Hence India is obliged to take into account all the resolution passed on Kashmir. India has continuously disregarded all the UN resolution on Kashmir. It undermines the entire jurisprudence and undermine UN. This will give rise to more radical and the world will witness terrorist attack. The after math of the failed UN effort will end up in blood shed. The UN members and the world should and must remember if the Kashmiris cannot protect their land than today or tomorrow whenever they get the chance you can be certain that they will avenge it.

In a report on India the US department confirmed that extra judicial killing by the government forces continue to rise in every passing day in the state of Jammu and Kashmir.

Some other report suggests that an approximately 13000 young boys were detained and taken away by Indian authority and alleged torture since the lock down on Kashmir was imposed and till date they did not return home.

This is not a new scenario. It is reported that 2.05 million Kashmiris had been forced to flee since 1989 from their homes. The United Nations Committee for Refugees report suggests that the total displaced Kashmiris in India alone, since 1989 are 350,000. With such appalling numbers one can only think of the worst case scenario.

India needs to learn that certain norms do matter and law is not a political weapon. If today a developing country like India is allowed to disregard the International law and its jurisprudence, not only that phrases like rule of law, presumption of innocence and due process will lose its value, and states are likely to lose its faith on the Entire International Legal system. India needs to be reminded that UN exist and international law is not something to be taken lightly.

Finally, we must bear in mind that the law is merely an instrument and without the involvement of human intervention it is as lifeless as old musical instrument kept in a case. Therefore, if international organs can’t step in now than its high time to think for a new international world order where thing actually work and justice is delivered.

Author is an International Legal Analyst and a practicing lawyer based in London and can be reached at rashad@adambernards.co.uk

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