Kashmir & The Conundrums of war

The  concept  of Justice  seem to turn its head   holding  different meaning depending on whether you are a adversary or a ally . This is what has  happened  with Kashmir . All the  tears and    noise and  cries  are  falling in deaf ears  as if there 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 has 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  take over 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 NPT (1995) or the CTBT (1996).

Furthermore,  both India and  Pakistan is not a member 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 Indiait’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 is slowly   taking  form of a reality.

The above statement endorses that Kashmir is  in on the edge of Nuclear    minefield. The Kargail Review Committee  appointed by  India   to examine the  Kargail war   reported   that Kashmir is  at high risk of  Nuclear war . The  report further reflect 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 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 establish 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 rightsviolation committed by India to an end. Hence , the only way to stop such  Nuclear holocaust    is for the  UN to step in .

In order to suppress the legitimate claim for the right of self-determination,India has increased the number of troops to crush theuprising.  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 suggest 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 returnhome. 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 casescenario.

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 .

Rashad Aslam
Rashad Aslam
Author is an International legal Analyst, academician and a practicing lawyer Based in London