Connect with us

International Law

Kashmir & The Conundrums of war

Published

on

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 .

Continue Reading
Comments

International Law

Carl Schmitt for the XXI Century

Published

on

For decades, the scholars of international relations have confused the term “New World order” in the social, political, or economic spheres. Even today, few scholars confuse the term with the information age, internet, universalism, globalization, and  American imperialism. Unlike the complex categorization of the New World Order, the concept of the Old World Order was purely a juridical phenomenon. However, from standpoint of modernity, the term New World order is a purely ideological and political phenomenon, which embodies various displays such as liberal democracy, financial capitalism, and technological imperialism.

In his Magnus Opus “The concept of the Political”, Carl Schmitt lauded a harsh criticism on liberal ideology and favored competitive decisionism over it. This is why according to Schmitt’s critics; the whole text in “The concept of the political” is filled with authoritarian overtones. Nonetheless, the fact cannot be denied that it was the radical political philosophy of Carl Schmitt that paved the way for the conservative revolution in Europe. Even today, his writings are being regarded as one of the major contributions to the field of political philosophy from the 20th century.

Throughout his major works such as “Nomos of the earth”, “the Crisis of Parliamentary democracy”, “The concept of the Political” and “Dictatorship”, Carl Schmitt frequently employs unadorned terms such as ‘actual’, ‘concrete’, ‘real’, and ‘specific’ to apprize his political ideas. However, he advances most of the core political ideas by using the metaphysical framework. For instance, in the broader political domain, Carl Schmitt anticipated the existential dimension of the ‘actual politics’ in the world today.

On the contrary, in his famous work “The Concept of the Political” readers most encounter the interplay between the abstract and ideal and, the concrete and real aspects of politics. Perhaps, understanding of Schmitt’s discursive distinctions is necessary when it comes to the deconstruction of the liberal promoted intellectual discourse. However, the point should be kept in mind that for Schmitt the concept of the political does not necessarily refer to any concrete subject matter such as “state” or “sovereignty”. In this respect, his concept of the political simply refers to the friend-enemy dialectics or distinction. To be more precise, the categorization of the term “Political” defines the degree of intensity of an association and dissociation.

In addition, the famous friend-enemy dialectics is also the central theme of his famous book “The Concept of the Political”. Likewise, the famous friend-enemy distinction in Schmitt’s famous work has both concrete and existential meaning. Here, the word “enemy” refers to the fight against ‘human totality”, which depends upon the circumstances. In this respect, throughout his work, one of the major focuses of Carl Schmitt was on the subject of  “real Politics”. According to Schmitt, friend, enemy, and battle have real meaning. This is why, throughout his several works; Carl Schmitt remained much concerned with the theory of state and sovereignty. As Schmitt writes;

I do not say the general theory of the state; for the category, the general theory of the state…is a typical concern of the liberal nineteenth century. This category arises from the normative effort to dissolve the concrete state and the concrete Volk in generalities (general education, general theory of the law, and finally general theory of the knowledge; and in this way to destroy their political order”.[1]

As a matter of the fact, for Schmitt, the real politics ends up in battle, as he says, “The normal proves nothing, but the exception proves everything”. Here, Schmitt uses the concept of “exceptionality” to overcome the pragmatism of Liberalism. Although, in his later writings, Carl Schmitt attempted to dissociate the concept of “Political” from the controlling and the limiting spheres but he deliberately failed. One of the major reasons behind Schmitt’s isolation of the concept of the political is that he wanted to limit the categorization of friend-enemy distinction. Another major purpose of Schmitt was to purify the concept of the “Political” was by dissociating it from the subject-object duality. According to Schmitt, the concept of the political was not a subject matter and has no limit at all. Perhaps, this is why Schmitt advocated looking beyond the ordinary conception and definition of politics in textbooks.

For Schmitt, it was Liberalism, which introduced the absolutist conception of politics by destroying its actual meaning. In this respect, he developed his very idea of the “Political” against the backdrop of the “human totality” (Gesamtheit Von Menschen). Today’s Europe should remember the bloody revolutionary year of 1848 because the so-called economic prosperity, technological progress, and the self-assured positivism of the last century have come together to produce long and deep amnesia. Nonetheless, the fact cannot be denied that the revolutionary events of1848 had brought deep anxiety and fear for the ordinary Europeans. For instance, the famous sentence from the year 1848 reads;

For this reason, fear grabs hold of the genius at a different time than it does normal people. the latter recognizes the danger at the time of danger; up to that, they are not secure, and if the danger has passed, then they are secure. The genius is the strongest precisely at the time of danger”.

Unfortunately, it was the intellectual predicament at the European stage in the year 1848 that caused revolutionary anxiety and distress among ordinary Europeans. Today, ordinary Europeans face similar situations in the social, political, and ideological spheres. The growing anxieties of the European public consciousness cannot be grasped without taking into account Carl Schmitt’s critique of liberal democracy. A century and a half ago, by embracing liberal democracy under the auspices of free-market capitalism, the Europeans played a pivotal role in the self-destruction of the European spirit.

The vicious technological drive under liberal capitalism led the European civilization towards crony centralism, industrialism, mechanization, and above all singularity. Today, neoliberal capitalism has transformed the world into a consumer-hyped mechanized factory in which humanity appears as the by-product of its own artificial creation. The unstructured mechanization of humanity in the last century has brought human civilization to technological crossroads. Hence, the technological drive under liberal democratic capitalism is presenting a huge threat to human civilizational identity.


[1] Wolin, Richard, Carl Schmitt, Political Existentialism, and the Total State, Theory and Society, volume no. 19, no. 4, 1990 (pp. 389-416). Schmitt deemed the friend-enemy dialectics as the cornerstone of his critique on liberalism and universalism.

Continue Reading

International Law

Democratic Backsliding: A Framework for Understanding and Combatting it

Published

on

Democracy is suffering setbacks around the world. Over the past decade, the number of liberal democracies has shrunk from 41 to 32. Today, 34 percent of the global population lives in 25 countries moving in the direction of autocracy. By contrast, only 16 countries are undergoing a process of democratization, representing just 4 percent of the global population. Reflecting these troubling trends, USAID Administrator Samantha Power, during her confirmation hearing, highlighted democratic backsliding – along with climate change, conflict and state collapse, and COVID-19 – as among the “four interconnected and gargantuan challenges” that will guide the Biden Administration’s development priorities.

However, defining “democratic backsliding” is far from straightforward. Practitioners and policymakers too often refer to “democratic backsliding” broadly, but there is a high degree of variation in how backsliding manifests in different contexts. This imprecise approach is problematic because it can lead to an inaccurate analysis of events in a country and thereby inappropriate or ineffective solutions.

To prevent or mitigate democratic backsliding, policymakers need a definition of the concept that captures its multi-dimensional nature. It must include the actors responsible for the democratic erosion, the groups imperiled by it, as well as the allies who can help reverse the worst effects of backsliding. 

To address this gap, the International Republican Institute developed a conceptual framework to help practitioners and policymakers more precisely define and analyze how democratic backsliding (or “closing democratic space”) is transpiring and then devise foreign assistance programs to combat it.  Shifting away from broad generalizations that a country is moving forward or backward vis-à-vis democracy—which makes it difficult, if not impossible, to derive specific solutions—the framework breaks closing democratic space into six distinct, and sometimes interrelated, subsectors or “spaces.”

Political/Electoral: Encompasses the arena for political competition and the ability of citizens to hold their government accountable through elections. Examples of closing political or electoral space range from fraudulent election processes and the arrest or harassment of political leaders to burdensome administrative barriers to political party registration or campaigning.

Economic: Refers to the relationship between a country’s economic market structure, including access and regulation, and political competition. Examples of closing economic space include selective or politically motivated audits or distribution of government licenses, contracts, or tax benefits.

Civic/Associational: Describes the space where citizens meet to discuss and/or advocate for issues, needs, and priorities outside the purview of the government. Examples of closing civic or associational space include harassment or co-optation of civic actors or civil society organizations and administrative barriers designed to hamper civil society organizations’ goals including limiting or making it arduous to access resources.

Informational: Captures the venues that afford citizens the opportunity to learn about government performance or hold elected leaders to account, including the media environment and the digital realm. h. Examples of closing informational space consist of laws criminalizing online speech or activity, restrictions on accessing the internet or applications, censorship (including self-censorship), and editorial pressure or harassment of journalists.  

Individual: Encapsulates the space where individuals, including public intellectuals, academics, artists, and cultural leaders– including those traditionally marginalized based on religious, ethnicity, language, or sexual orientation–can exercise basic freedoms related to speech, property, movement, and equality under the law. Common tactics of closing individual space include formal and informal restrictions on basic rights to assemble, protest, or otherwise exercise free speech; censorship, surveillance, or harassment of cultural figures or those critical of government actions; and scapegoating or harassing identity groups.

Governing: Comprises the role of state institutions, at all levels, within political processes. Typical instances of closing the governing space include partisan control of government entities such as courts, election commissions, security services, regulatory bodies; informal control of such governing bodies through nepotism or patronage networks; and legal changes that weaken the balance of powers in favor of the executive branch.

Examining democratic backsliding through this framework forces practitioners and policymakers to more precisely identify how and where democratic space is closing and who is affected. This enhanced understanding enables officials to craft more targeted interventions.

For example, analysts were quick to note Myanmar’s swift about-face toward autocracy.  This might be true, but how does this high-level generalization help craft an effective policy and foreign aid response, beyond emphasizing a need to target funds on strengthening democracy to reverse the trend? In short, it does not.  If practitioners and policymakers had dissected Myanmar’s backsliding using the six-part framework, it would have highlighted specific opportunities for intervention.  This systematic analysis reveals the regime has closed civic space, via forbidding large gatherings, as well as the information space, by outlawing online exchanges and unsanctioned news, even suspending most television broadcasts.  One could easily populate the other four spaces with recent examples, as well. 

Immediately, we see how this exercise leads to more targeted interventions—support to keep news outlets operating, for example, via software the government cannot hack—that, collectively, can help slow backsliding.  Using the framework also compels practitioners and policymakers to consider where there might be spillover—closing in one space that might bleed into another space—and what should be done to mitigate further closing.

Finally, using this framework to examine the strength of Myanmar’s democratic institutions and norms prior to the February coup d’etat may have revealed shortcomings that, if addressed, could have slowed or lessened the impact of the sudden democratic decline. For example, the high-profile arrest of journalists Wa Lone and Kyaw Soe Oo in December 2017 was a significant signal that Myanmar’s information space was closing. Laws or actions to increase protections for journalists and media outlets, could have strengthened the media environment prior to the coup, making it more difficult for the military to close the information space.

A more precise diagnosis of the problem of democratic backsliding is the first step in crafting more effective and efficient solutions. This framework provides practitioners and policymakers a practical way to more thoroughly examine closing space situations and design holistic policies and interventions that address both the immediate challenge and longer-term issue of maintaining and growing democratic gains globally.

Continue Reading

International Law

Authentic Justice Thus Everlasting Peace: Because We Are One

Published

on

The ceasefire in the Israeli-Palestine conflict is a good thing. We thank God for it. Be it between two individuals or institutions or nations or the internal colonial and colonized, war does not do anything except cause more immediate or future mass misery and human destruction. Our continued memories of our interpersonal and international and internal colonial and civil wars and the memorials we erect to remember them recall and record wounds and pains we never get over. 

So it becomes a bothersome puzzle as to why we human beings still just don’t get that war like oppression leads to nowhere except to more human devastation. And we should have learned by now but have not that peacemaking like ceasefires mean nothing without justice.

 It is the reason why I constantly find myself correcting those who stress Peace and Justice.No Justice No Peace is more than a cliche.It is real politic emotionally, economically, socially, and spiritually.

Our American inner cities like those in every continent where culturally different and similar people live cramped impoverished lives and nations and colonial enclaves with such unequal wealth remind us of their continued explosive potentialities when peace is once again declared but with no justice.Everyone deserves a decent quality of life which not only includes material necessities but more importantly emotional and spiritual freedoms and other liberations.Not just the victors who conquer and rule and not just the rich and otherwise privileged.

 And until such  justices are  assured to everyone peacemaking is merely a bandaid on cancerous societal or International conflictual soars which come to only benefit those who profit from wars which are bound to come around again when there is no justice and thus peace such as  family destroying divorce lawyers, blood hungry media to sell more subscriptions , arms dealers to sell more murderous technologies, politicians needing  votes so start and prolong wars, and military men and women seeking promotion while practicing their killing capacities.

So if those of us who devoutly practice our  faiths or our golden moral principles,  let us say always and pray and advocate justice and peace always  as a vital public good  and  do justice then lasting peace in our personal lives and insist that national leaders, our own and others do the same in their conduct of international affairs and affairs with those who are stateless in this global world. 

All such pleading is essential since we are all brothers and sisters in the eyes of God who created all of us  in God’s image as one humanity  out of  everlasting divine love for all of us so we should love each other as God loves all of us  leading to desiring justice and thus lasting peace for each and every one of us.

This is difficult for those in international affairs to understand who take more conventional secular approaches to historical and contemporary justice and peace challenges as if our universal spiritual connectivennes  ( not to be confused with the vast diversity of organized religions)as human beings which makes us all brothers and sisters has no relevance. But if we are going to find true enduring peace we have no alternative but to turn our backs on increasingly useless secular methods which go either way, stressing peace then justice or justice then peace and understand how much we must begin to explore and implement approaches which we look at each other as spiritually connected brothers and sisters in which it is the expectation that peace only comes and lasts when  through the equal enjoyment of justices for every human being, we restore our universal kindred rooted in the everlasting love of God and thus for each other, no matter the different ways in which we define God or positive moral principles which originate in understandings that we human beings in all our diversities are one and thus brothers and sisters.

Continue Reading

Publications

Latest

Economy1 hour ago

Build Back Better World: An Alternative to the Belt and Road Initiative?

The G7 Summit is all the hype on the global diplomatic canvas. While the Biden-Putin talk is another awaited juncture...

Style3 hours ago

Dongyu Zhou wears Constellation

Award-winning Chinese actress Dongyu Zhou wears OMEGA’s Constellation Small Seconds. A winner of multiple domestic and foreign film awards, Dongyu...

Health & Wellness4 hours ago

‘Digital dumpsites’ study highlights growing threat to children

The health of children, adolescents and expectant mothers worldwide is at risk from the illegal processing of old electrical or...

Russia5 hours ago

Biden pushed China and Russia to rebel against one other

Biden’s anti-China measures have been increasingly regular in recent years. He not only continued to encircle China with his Asian...

Science & Technology7 hours ago

To Protect Democracies, Digital Resiliency Efforts Are Needed Now

Across the globe, more than three billion people have no internet access. But with the increased availability of smart phones...

Human Rights8 hours ago

Philippines: Investing in Nutrition Can Eradicate the “Silent Pandemic”

The Philippines needs to invest more in programs tackling childhood undernutrition to eliminate what is long considered a “silent pandemic”...

Africa Today9 hours ago

Sierra Leone Receives World Bank Support to Strengthen Education Service Delivery

Sierra Leone will receive $6.85 million in additional financing to support the COVID-19 education response in the country. Funded by...

Trending