Imran can protect HR of Kashmiris and peace of Indo-Pak through ICJ only if invokes IoA & UN-resolution. By Hem Raj Jain
21 Aug 2019
Imran will become most deserving candidate for ‘Nobel Peace Prize’ if solves chronic & gory Kashmir problem through plebiscite (ii)- Imran can protect human rights of Kashmiris and peace of Indo-Pak through ICJ only if invokes IoA & UN-resolution which will facilitate jurisdiction to Pakistan in ICJ
-The Pakistan media has reported (also at https://www.geo.tv/latest/245335-pakistan-to-move-icj-over-indias-human-rights-violations-in-occupied-kashmir or https://www.dawn.com/news/1500629/pakistan-to-take-kashmir-dispute-with-india-to-international-court-of-justice ) that Pakistan will move (which it is entitled to as per IoA & 1948 UN-resolution) the ‘International Court of Justice’ (ICJ) over human rights (HR) violations by India in Kashmir valley. This is the most sensible decision the Pakistan Government led by PM Imran Khan has taken. If properly drafted and contested then this petition of Pakistan in the ICJ can not only restore the HR of Kashmiris but can also solve the chronic & gory Kashmir problem as explained below:-
(1)- First of all Imran should understand that this chronic & gory Kashmir problem is the result of over-smartness of the governments of India & Pakistan and the people of united J&K on both sides of LoC. India & people of J&K have gone one step further where they have illegally incorporated in Indian Constitution and in J&K constitution that J&K is like any other State and an integral part of India (as explained at http://wadikinews.com/public-interest-writ-petition-under-article-226-of-the-constitution-with-respondents-i-the-union-of-india-ii-the-state-of-jk/ ). The ‘Instrument of Accession’ (IoA) demands that the fate of united J&K is to be decided by plebiscite but neither of these three parties (India, Pak & United J&K) ever tried or talked seriously for plebiscite due to various logically-untenable reasons despite IoA & 1948 UN-resolution about Plebiscite
(2)- Imran should now approach the ICJ not only for restoring the HR of Kashmiris [who since August 4, 2019 have been arbitrarily detained, arrested in hundreds and entire valley is being denied their fundamental rights (and human rights as per human rights laws about UN including ICCPR) of free expression and assembly and even communication of the most to outside world] but also for getting Plebiscite conducted in united J&K.
(3)- Imran should not bring false ego of Pakistan in the way of plebiscite only because it will require:-
(i)- Outsiders-free Pakistan side of J&K. Rather Pakistan should submit to ICJ that Pakistan is prepared to make Pakistan side of J&K outsiders-free in order to facilitate free & fair plebiscite in order to ascertain whether people of united J&K want to live with India or with Pakistan
(ii)- Entire united J&K under administrative control of India for carrying-out free & fair plebiscite. This is the condition of IoA and this was the condition of 1948 UN resolution too for plebiscite. Rather Pakistan should pray to ICJ that UN observers should be deployed in United J&K in adequate numbers (which is the condition of 1948 UN-resolution too) including in sufficient numbers suggested by Pakistan so that India does not misuse its administrative apparatus to tilt plebiscite in India’s favor in a legally objectionable manner.
(4)- Imran told US president Trump (during his visit to US) to the effect that – “[If Trump mediates to solve chronic & gory Kashmir problem then he will have prayers of ~ 1.5 billion people]”. Now Imran should appreciate that after ill-conceived acts of Government of India (GoI) about laughable, legally-absurd and meaningless amendment & repeal of Article 370, 35-A of the Constitution, bifurcation of the State of J&K into two union territories (which are merely a storm in tea cup and have no legal value) but which have brought India and Pakistan on the brink of catastrophic nuclear war (as is evident from the war cries in both the countries) if at such explosive juncture Imran takes Pakistan to ICJ with a prayer for not only restoring the human-rights of Kashmiris but also for solving the chronic & gory Kashmir problem through plebiscite as mandated by IoA and also by 1948 UN Resolution then he will have prayers of these ~ 1.5 billion people of Indo-Pak region.
It is hoped that Imran will behave in a human-rights-friendly way (as mentioned above) befitting a recipient of ‘Nobel Peace Prize’ (whether he gets it or not) in order to avoid the Indo-Pak region and its neighborhood from a catastrophic & otherwise-highly-likely nuclear war.