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Summing Up Indo-Pak Escalation Post Pulwama

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Authors: Amar Maruti Patil & Adithya Anil Variath

The recent escalation between two South Asian Nuclear Powers – India and Pakistan rattled the whole sub-continent and sent alarm waves across the whole world. It had major world powers keenly observing events unfolding between the two antagonistic nations. Terror attacks on India soil emanating from Pakistani soil is not new but as old as antiquity.

Right from the incursion of Jammu & Kashmir by armed tribesmen to this terror attack by Kashmiri youth radicalized and recruited by Jaish-e-Muhammad, the one distinguishing and defining moment post Pulwama terror attack is the unprecedented public outrage and political will to address the state-sponsored terrorism abetted by Pakistan and its Army. “Strategic Restraint” had become a bygone in the South Block with the political leadership ready to do away with restraint – political or strategic.

The pre-emptive non-military strikes carried out by Indian Air Force not just across the LOC but deep into Pakistani territory in Balakot in Khyber Pakhtunkhwa region was a defining moment and a break from tradition in dealing with cross border terrorism. This was the first time that air strikes were launched and terror hubs pampered and protected by the Pakistani Deep State struck. In response to these air strikes attacking terror installations, Pakistani establishment responded by launching air strikes on military installations in India. The F-16 fighter jets of Pakistani Air Force were chased by Indian Air Force as a response. In this chase, an Indian MiG 21 Bison fatally struck one Pakistani F-16 and in the action, the pilot had to eject as the damage was also caused to the Indian fighter jet. The pilot now trending across India and the whole word Wg Cdr Abhinandan Varthaman landed in Pakistan Occupied Jammu & Kashmir after ejecting from his cockpit. He was first apprehended by the bloodthirsty locals and then the Pakistani Army interrupted the unlawful act of the locals and took Wg Cdr in their custody.

In a strange course of events, the whole process of Wg Cdr getting apprehended and attacked by locals and then ensuing Pakistani Army custody was recorded and video graphed and the recording was paraded shamelessly on social media. An emotion of anxiety, fear, angst, vengeance and cautiousness gripped the Indian citizenry. In this whole gamut of events while the whole country was praying for the safe return of Wg Cdr the Geneva Convention on Prisoners of War was cited time and again in newspapers, editorials and TV debates. Whether the act of returning Wg Cdr amounted to a peace gesture or as stated in Indian Air Force briefing a gesture under the Geneva Convention? Whether the act deserved a much-touted Nobel Peace Prize for Imran Khan the World Cup winning captain of Pakistan Cricket Team who also happens to be its Prime Minister? Answering these questions would surely require us to be objective in our analysis of the International Law.

At the outset, it would be beneficial for the readers to point out that International Law in all its glory and magnificence with its inimitable prose and utopian conception is not binding and therefore in pure jurisprudential terms may not qualify as a Law. However, given the norm of that, a sovereign nation should keep its promise and words itself carries the weight of law. A dishonor of promise by a normal person would bring him no shame or isolation by the society at large however the dishonor of an obligation or promise in the comity of nations is a sure recipe for bringing ignominy to an entity at two levels as a country or establishment and as a citizen of that country.

Geneva Convention III relating to the Treatment of Prisoners of War (PoW) or International Humanitarian Law expressly lays down that Prisoners of Wars cannot be prosecuted. The Convention applies to all parties to an armed conflict, including civilians, injured combatants, and soldiers captured or no longer an active participant in the hostilities. Article 4(A)(1) of the Third Geneva Convention on the Treatment of Prisoners of War defines “a prisoner of war” as “Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: (1) Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied.…..”, IAF Wg Cdr being a member of the armed forces of a Party to the conflict comes within this definition of a prisoner of war.

The Third Geneva Convention on PoW lists down 143 articles dealing with the rights of prisoners of war, and the corresponding obligations of the detaining power. The Convention is based on the principle that detention is not a form of punishment, but only intents to prevent further escalation and participation in the conflict. They must be released and repatriated without delay after the end of hostilities with dignity. Article 13 provides that prisoners of war must at all times be humanely treated” and lays down that prisoners of war “must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.” A literal interpretation of the Article clears the smog and determines that the circulation of videos of the prisoner and humiliating treatment is a violation of the terms under Article 13. Article 17 says “No physical or mental torture, nor any other form of coercion may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.”

In the instant case of Wg Cdr, he was not just not protected from acts of violence but was also exposed to public curiosity. Moreover, the Pakistan establishment tried to score diplomatic points by spreading misinformation and propaganda videos about the well-being of Wg Cdr when in fact reports have emerged that he was not allowed to sleep for the first 24 hours of detention which is not just in violation of the Geneva Convention but also a blatant violation of human rights. He was further exposed to loud music and bright lights to disorient him and to extract valuable information from him. While the reality of Wg Cdr detention was aloof from the International World Order a concerted effort was made to showcase that in fact he was praising the Pakistani Army and claiming that it is a thoroughly professional army. Such maneuvering of events by the Pakistani Deep State brings to fore the nefarious designs and misinformation campaign in place. A Prisoner of War was used as a bargaining chip for deescalating tensions between the two Nations. It shows that the escalation of violence by Pakistan and its attempt to deescalate it on its own terms seems unilateral imposition of war and peace.

While Wg Cdr was safely repatriated to India his medical test reports are yet to come in. Where on one hand it is encouraging and nurturing terrorists to bleed India, on the other hand, it is trying to implant people in Indian media to project Imran Khan as the messiah of peace and humanity. The case for a Nobel Peace Prize for Imran Khan is not just preposterous and farfetched but also demeaning to the Institution of Nobel Prize itself. Imran Khan referred as “Taliban Khan” by many, for his subtle support for Taliban, is trying hard to show the International World Order that Pakistan is not the party escalating hostilities while actively nurturing terrorists on its soil.

One of Imran Khan’s Ministers has called for a religious war (Jihad) against a Kafir Hindu India (ignoring its own 4 million Pakistani Hindu Citizens). Such diabolical and inherent hatred is a case in point that the hostilities between India and Pakistan are here to stay and the sub-continent would continue to face its repercussions. No number of dossiers provided by India would address the terrorism issue nor would the temporary bans and an ostensible crackdown on terror by Pakistan would be able to fool India. Nobel Peace Prize is just a distraction to take away India’s attention from the root of this escalation the Pulwama Terror Attacks. Fulfillment of an obligation that too partly, is not a case for Nobel Peace Prize but for international introspection on state-sponsored terrorism.

With foreign help pouring in and no major world power objecting to India’s pre-emptive non-military strikes it seems that the International World Order has woken up to India’s right to defend its sovereignty and integrity by acting on home as well as foreign soil. With India’s break from tradition marks a paradigm shift from “Strategic Restraint” to Preventive Action, India needs to open more than one front to address Pakistan – educational, information, diplomatic missions, economic sanctions, et al. The key to engaging Pakistan is a united and strong Government back home and international commitment and cooperation at the global level.

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South Asia

India’s North East: A cauldron of resentment

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The writer is of the view that the recent clash between police force of Mizoram and Assam is not an isolated event. Similar incidents have happened in the past. They reflect that it is not hunky dory in India’s north east as BJP’s government would have us believe. New states in India were created willy-nilly pacify agitation. Yet the boundaries of the new states do not satisfy the people of the new states fully. They are a simmering cauldron of resentment against India’s central government. They love their traditions more than monolithic Hindutva. s

On July 10, 2021, five Assamese policemen were killed while proceeding towards Varengate (outsider gate). Amid fiery statements of chief ministers of Assam and Mizoram, police officials and politicians, it appeared that the two states would launch a full-fledged war against one another. This was not the first incident of its kind. There had been similar clashes in the past (1979, 1985 at Mirapani where 42 persons were burnt alive and 2014 clash).

Crux of the problem

Hasty creation of states to deal with separatism

When India came into being, many of it states were in grip of insurgencies. To pacify the separatist movements India hastily bowed to demand for creation of new states by reorganising the existing territories of bigger states. Many northeastern states were carved out of the state of Assam. Under the Indian constitution, secession is an offence but a new state could be created through reorganistion of the bigger state. Mizoram and Nagaland were created in haste to meet insurgents’ demand for greater self-representation.

Northeastern frontier Agency was converted into Arunachal Pradesh after the fall of Dacca. Indira Gandhi hoped that China would remain a silent spectator to her initiative as it did while East Pakistan was seceded through intervention in East Pakistan.

Linguistic states of Maharashtra and Gujarat were created mainly owing to agitation by Marathi and Gujarati speaking populations of Bombay.

In 1960, the Indian government accepted the Naga tribes’ demand for a separate state. Three districts of the state of Assam were detached from Assam to create Nagaland. It had no railway station or airport. So Dmapur also was truncated from Assam and included in Nagaland. The Dima Kachhari tribe that mostly inhabited Dimapur resented this decision. Any how the city is now a throbbing commercial centre.

In 1966, the state of Punjab was divided to create the hind-speaking state of Haryana. In 1971 Himachal Pradesh was created. Then in early 1970s, three new states were created: Jharkhand out of Bihar, Chhattisgarh out of Madhya Pradesh, and Uttaranchal out of Utter Pradesh. In 2014, Talangana was created out of Andhra Pradesh.

Nagaling (Naga homeland)

The Naga consider that the demarcation of their state is repugnant to demarcation done in 1875 by the British government. Their concept of Nagaland extends up to Nepal.

Citizenship Amendment Act and the national Register of Citizenship

These two laws are abhorred in many states of the North East.

Concluding remarks

The pitched battle between the Mizo and Assamese policemen exposed India’s “myth of unity in diversity”. Like the British rulers, India is holding together its union of states by use of brutal force and draconian laws. However sub-surface against the Indian government persists. Obviously people cherish their tradition culture and religions more than monolithic Hindutva. The BJP has set up a north East Democratic Alliance to forestall disputes between the northeastern states. This body utterly failed to predict or prevent the recent Mizo-Assam clash.

India understood that if the erstwhile East Pakistan supported the insurgencies in the North east, it will be impossible for India to keep them within Indian fold. As such, India aided and abetted insurgency in East Pakistan.

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South Asia

Pakistani PM’s Interview with PBS News Hours on Afghanistan Issues

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In an interview with PBS News Hour, host Judy Woodruff asked PM Imran Khan multiple questions about Pakistan’s point of view for Afghanistan and its relationship with the United States.

When she asked the PM about his assessment of the situation in Afghanistan, he said that Washington had really messed up the situation in Afghanistan. The US military failure is causing mess-ups in Afghanistan. “First of all, they tried to look for a military solution in Afghanistan when there was never one. And people like me, who know the history of Afghanistan and kept saying there isn’t a military solution, were called anti-American. I was called Taliban Khan,” said PM Imran. But now the US, after spending trillions of Dollars, sacrificing thousands of servicemen, and killing millions of innocent Afghans, destroying Afghanistan infrastructure, and damaging the whole country, realized that it is un-win able and withdrawing its troops in hap-hazard, causing a huge mess-up.

PM Imran also shared that despite the US being in Afghanistan for 20 years and 46 nations’ strong allied forces up to 150,000 troops, he does not know what the US objective was in the country. Only the destruction of a country, killing human beings, is beyond understanding.

“I don’t know what the objective was in Afghanistan, whether there was to have some nation-building, democracy, or liberate the women. Whatever the cause was, the way they went about it was never going to be the solution,” said PM Imran.

While the US is facing tremendous unrest and the civil war-like situation at home and yet wanted to interfere in other domestic issues. Beyond understanding!

He also lamented the way the US dealt with this solution. The PM explained that when the NATO forces had decided that there was no military solution, the bargaining power they had was gone.

“When they finally decided there is no military solution, unfortunately, the bargaining power of the American or NATO forces had gone,” said PM Imran. He added that the US should have gone for a political solution when 150,000 NATO troops were in Afghanistan.

“Once they had reduced the troops to barely 10,000, and when they gave the exit date, Taliban thought they had won,” said PM Imran. He added that it is difficult right now to ask the group to compromise or “force them” to take a political solution. “It’s tough to force them into a political solution because they [Taliban] think that they won,” said PM Imran.

PM rejects claims of Taliban sanctuaries.

The anchor also asked PM Imran about claims of Taliban sanctuaries being present in Pakistan and a report about 10,000 fighters crossing the border to help the group in Afghanistan.

“Judy, for a start, this 10,000 Taliban, or as the Afghan govt. Says, Jihadi fighters have crossed over, is absolute nonsense. Why don’t they give us evidence of this?” he said in response.

As a matter of fact, the Afghan Government is confused and helpless. After the foreign troop’s withdrawal, they are left at the mercy of the Taliban. The US has admitted its defeat, Afghan Government as a puppet Government has also been defeated. Taliban is the winner and in a position to dictate.

To the question about the safe-havens, PM Imran wondered where the sanctuaries are located in Pakistan. In fact, Pakistan is a victim of terrorism, and the recent terrorist attack in Pakistan is planned, managed, and originated from Afghanistan. Pakistan has provided irrefutable evidence on several occasions.

The premier explained that Pakistan is hosting three million refugees, Pashtuns, the same ethnic group as the Taliban. He added that there are camps of 500,000 and 100,000 people or more. “Taliban are not some military outfit. They are normal civilians. If there are some civilians in these camps, how is Pakistan supposed to hunt these people down? How can you call them sanctuaries?” asked PM Imran.

The host had thrown this question to a follow-up on Washington and other organizations’ claims that Pakistan has helped the Afghan Taliban. The PM had told the host that the allegations were unfair and told her the history of the conflict. He explained that Pakistan had nothing to do with the September 11, 2001 terrorist attack in New York. The premier said that Al Qaeda was based in Afghanistan, and no Pakistani was involved in the attack. “There were no militant Taliban in Pakistan, and no Pakistani was involved,” said PM Imran. He added that when Pakistan decided to join the US war on terror, the country was devastated as it lost 70,000 of its citizens, and $150 billion was lost in the economy.

Pakistan’s good and bad outcomes for Afghanistan

The host had also asked the PM about Pakistan’s good and bad outcomes for the Afghanistan conflict. PM Imran told the host that the good outcome for Islamabad would be if an inclusive government with all factions, including the Taliban, is formed in Afghanistan. He added that the worst situation for Pakistan would be a “protracted civil war” in Afghanistan.

In such a scenario, the PM said Islamabad would face two problems, firstly, of refugees, and secondly, the country fears that Pashtuns within Pakistan would be drawn to the conflict.

“What we fear is that a protracted civil war would bring more refugees, and you know our economic situation is not such that we can have another influx,” said the PM.

“Secondly, the worry is that the civil war will flow into Pakistan because Taliban are ethnic Pashtuns. Now there are more Pashtuns on our side of the border than in Afghanistan. And so the worry is if this goes on, the Pashtuns on our side will be drawn into it, and that is also the last thing we want,” said PM Imran.

US bases will make Pakistan a target: PM.

The PM also shared that having a US military presence in Pakistan would make the country a target. He told Woodruff that when Pakistan joined the war on terror, it lost 70,000 people and was on the verge of bankruptcy. “We do not have the capacity to have any more fighting within our border or any terrorism within our country,” said the PM. He reminded that at the height of the war on terror, there were suicide bombings taking place all over the country, and businesses and tourism had collapsed.

“If there is a conflict going on in Afghanistan and there are bases in Pakistan, we then become targets, and we will then become part of a conflict,” said PM Imran. The premier said that Pakistan wants to partner with the US in peace but not in conflict. He added that the last relationship between Islamabad and Washington was transactional. “Pakistan was more like a hired gun. The US says we gave you aid, and that’s why you were fighting this so-called war on terror,” said PM Imran. He added that the aid given by the US was “minuscule” compared to the cost of Pakistan’s participation in the conflict.

‘Afghanistan in this situation because of US military failure.’

PM Imran told the host that Pakistan could not do much if the Taliban take over Afghanistan as the military solution has already failed. “What are we supposed to do about it? Here was the US for two decades in Afghanistan trying to force a military solution. The reason why we are in this position now is that the military solution failed,” said PM Imran.

The premier repeated that the best choice that everyone has is that somehow a political settlement emerges in Afghanistan. He added that the Taliban sitting down with the Ashraf Ghani government to form an inclusive government was the best choice.

“Absolutely, there is nothing more we can do except push them as much as we can for a political settlement – that’s all,” the PM said when asked if Pakistan was willing to accept a Taliban government in Afghanistan. However, he said that all Pakistan could pray that the people of Afghanistan decide what Government they wish to have, “As far as Pakistan is concerned, we have done what we can,” said PM Imran.

It is well understood that the Taliban have won the war, and it is time to rule the country. The US has negotiated with the Taliban and recognized them as the actual power of pillar and real owner of Afghanistan. It is a practice that the winner will dictate the defeated ones. It is proved that the unholy and biased media projecting Taliban as terrorists, insurgents, and illegal outfits were right people and were freedom fighters and opposed their homeland’s foreign occupation. Suppose the Taliban were so bad, how the US negotiated with them and signed a peace agreement with them. It is indirectly recognition of the Taliban as legitimate rulers of the country.

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The Indo-US bonhomie: A challenge to China in the IOR

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The oceans have long been recognized as one of the world’s valuable natural resources, and our well-being is tied to the oceans. From providing minerals and food to coastal nations to serve as highways for seaborne trade, Oceans are highly-regarded in the geopolitics and geo-economics. In 2010, the global ocean economy was valued at $1.5 trillion, and by 2030, it is likely to surpass $3 trillion. Such a growing geostrategic and economic significance pit authoritative nations into the race. 

Bounded by Africa on the west, the Indian subcontinent on the North, Australia on the East, and the Antarctic Ocean on the South, the Indian Ocean is the third largest water body. Over the years, it has become an area of competition among Washington, Beijing, and New Delhi. China, the world’s second-largest economy, imports energy via sea lanes in the Indian Ocean Region (IOR), while India, an influential regional actor and competitor of China, has also significant reliance on the IOR for its trade. Therefore, the reliance of both countries on the safe transportation of resources is inevitable, and they seek dominance in this water body. The growing global leadership of China, and the Indian economic rise have heightened the strategic value of the IOR and both powers have locked horns in it.

The success of the Chinese Belt and Road initiative (BRI), which strives to enhance China’s economic dominance from East Asia to Europe, hinges on the IOR. The IOR provides China with critical sea trade routes to the Mideast and Africa through BRI’s flagship project: China Pakistan Economic Corridor (CPEC). China, through BRI’s connectivity and economic potential, outweighs Indian influence in the IOR. Snaking its way from China’s western province Xinjiang to Gawadar port on the Arabian Sea, CPEC is a counterfoil to India, diminishing India’s strategic weight in the IOR. Therefore, India has an aversion to the CPEC because it ends the Chinese Strait of Malacca dilemma and makes its way through Azad Jammu and Kashmir. Having access to a port like Gawadar, China is likely to gain strategic and economic leverage in the region. Not only in India, but Beijing’s grandeur BRI is not well-received in the US as well. The world’s second-largest economy, China, aims to surpass the US economy in the coming years. On the accounts of the Chinese economic growth, the unipolar world order, once dominated by the US, has swapped its position with multipolar world. In addition, the US stakes are high in the IOR. With its interests in the Mideast, Africa, and Central Asia, the US is wary of China’s growing influence in the IOR. As a result, the US and India share a broader spectrum of mutual interests in the IOR.

New Delhi and Washington are enjoying rapprochement in their ties so as to limit China’s burgeoning influence. To materialize the quest of Washington about the freedom of navigation and maintaining open sea lanes, India spearheads the US paradigms in the IOR to curb China. For this purpose, India has eyed to magnify its naval capabilities and seeks partnership with many littoral-nations in the IOR. “Activating partnerships and expanding capabilities in the Indian Ocean are central to our quest for security,” says Indian Foreign Secretary. Indian bonhomie with Japan and Australia stands as the crux of New Delhi’s disposition to share warm ties with influential global actors. Australia, India, and Japan share the same US security umbrella: Checkmating the Beijing rise. These nations have translated their partnership in the Quad as a new feature of diplomacy to establish their authority in the Indo-Pacific region. Navies of India, the US, and Japan cooperate under the aegis of the trilateral Malabar Exercises, the most recent held in early November near Visakhapatnam in the Bay of Bengal and the Arabian Sea. This time, Australia was also part of the exercise. The Indian Fusion Centre-Indian Ocean Region (IFC-IOR), a naval information hub initiated by India, brings all Quad members under one roof to exchange vital maritime information in the IOR.  Australia and Japan recently posted liaison officers to the (IFC-IOR), where a US liaison officer has served since 2019.

India has a long aspiration to dominate the Bay of Bengal and prioritizes closer economic ties with South Asian states to balance China’s trade advantage. For its part, India is eager to visualize greater security cooperation among the littoral nations through BIMSTEC. The seven-member alliance among India, Bangladesh, Sri Lanka, Myanmar, Thailand, and Nepal aims to accelerate members’ economic growth and social progress among members across multiple sectors. BIMSTEC is a platform accentuating Indian vigor and its manifests the Indian overtures against China in the IOR.

Sharing common goals in the IOR, the US perceives India as a significant ally in the region and strongly supports its maritime expansion. The rapprochement between the two sides has resulted in the significant naval build-up of Indian forces in the IOR. The construction of military bases, modernized equipment and fleets, new maritime assets, and the expansion of security ties are all part of New Delhi’s push to assert itself as the region’s leader. By acquiring ‘blue water’ capabilities, the Indian Navy aspires to undertake its traditional role, like ensuring the coastal defense of the country, providing sea-based nuclear deterrence (entailing its assured second-strike capability), projecting the nation’s soft power beyond its shores, and maximizing the sphere of influence in the region. India aims to become a 200-ship navy in the next decade. In the defense budget for the year 2015-16, 16% share has been allocated to the Navy.

The Indo-US cooperation poses a considerable challenge to China’s ingress in the IOR, and Pakistan is no exception. Moreover, their cooperation undermines the peace prospects and endangers stability in the IOR. Recently, the G7 summit concluded with an objective focusing to challenge China’s rise. Joe Biden Administration maintained a firm line against China. Therefore, in the near future, pining hopes for preemption of the competition among authoritative nations in the IOR would be the pie in the sky.

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