49+ Kashmir Issue Under International Law

2002 THE ROLE OF INTERNATIONAL LAW IN THE KASHMIR CONFLICT 295 fully managed by the British3 Under the doctrine of paramountcy Britain also held responsibility for the defense and foreign relations of 584 princely states which retained a great deal of autonomy in all other. I ndias recent annexation and illegal occupation of the State of Jammu and Kashmir has highlighted once again the seven-decades-old issue of the State of Jammu and Kashmir.

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The scrapping of article 370 and subsequent annexation and illegal occupation of the state of Jammu and Kashmir by India has once again brought the seven-decades-old Kashmir issue a prime cause of friction between two nuclear states India and Pakistan into international limelight.

Kashmir issue under international law. INTRODUCTION The on-going crisis in Jammu Kashmir has refocused international attention on the disputed territory. From the application of numerous UN Security Council Resolutions to the constitutional changes made by the Indian state on 5 August 2019. To deliberate on the aforementioned aspects of the Kashmir issue IPRI is organizing a.

An Independent KASHMIR the only viable solution. 1 The territory referred to as Kashmir in this entry encompasses the territory of the former Himalayan State of Jammu and Kashmir 18461947. The prism of international law invalidates many Indian claims.

In News Analysis Comment. T he revocation of Articles 370 and 35-A from Indias constitution has highlighted once again the seven decades-old issue of the State of Jammu and Kashmir. The state has had a special status with a separate constitution flag population and a clearly defined territory under international law.

History clearly shows us that the conflict in Kashmir is one for self-determination. The Kashmir issue prevails in what is recognized under international law as a disputed territory. In addition under international law all peoples have a right to self-determination.

Indias unilateral decision to revoke the Article 370 on August 5 2019 in held JK was illegal under the international law. While the political and diplomatic dimensions are routinely discussed the Kashmir issue primarily remains one of legal significance. China now claims whole of Kashmir because it says China has more military power than India.

Kashmir under International Law. The positions undertaken by both Pakistan and India however have negated any possibility of self-determination. The people of Kashmir under international law have the ability to determine their own political future.

So far as the internationalization of the issue of Kashmir is concerned it is India that took the issue to international forum by knocking at the door of UN security council back in January 1 1948 resultantly the Council via UNSCR 38 called upon the contending governments to refrain from aggravating the circumstances and report any material changes on the ground. Kashmir issue International Law and Conflict Resolution. Within ten days of Indias unlawful annexation of Jammu.

This raises the question that is there anything that can be done under international law to convince the two countries to resolve. According to the international agreements between India and Pakistan. The international nature of Kashmir dispute and Kashmiris right to self-determination under international law.

India has certain obligations under international Conventions Bi-lateral Agreements Unilateral Statements its Constitution and Customary Law. If we look into the situation in Jammu and Kashmir a general condition of lawlessness and mass human rights violations exist mainly Indian-held Kashmir 22. The State of Jammu and Kashmir is an issue of right of self-determination for the Kashmiri people.

International humanitarian law IHL is applicable on both international armed conflict and non-international armed conflict. Debate on Kashmir issue unsettles India. India and Pakistan decided to resolve the Kashmir issue through bilateral talks after the Simla Agreement in 1972 but even that has failed in ensuring that the Kashmiris are provided with their fundamental rights.

Before this calamity the state had separate laws constitution and a flag and Indias constitution was applicable only to the extent of. However India continues to violate these obligations and is committing grave violations of International Law. The memorandum explained how the Indian State was an Occupying Power over territory under its effective control under International Law.

After August 05 2019 Indian unilateral action in Kashmir India removed the only link article 370 of Indian constitution that allowed it to hoodwink the international community saying Kashmir had acceded to India. This shows that the world accepts the Kashmir issue as an international dispute. Given the Kashmir issue this law being the major component of international law has a wider scope and germane applicability on India despite well-staged encounters and operation by its armed forces.

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters 2021 and Professor. This reflects most perfectly the laws self-image as a guarantor of peace human rights and democracy. The paper therefore puts into debate the legal perspective of Kashmir dispute in the light of guarantees provided by international law provisions of human rights related agreements and conventions.

Historically Kashmiri people were granted the right to citizenship on 20th April 1927 per State Subject Notification.

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