The region of Indian Illegally Occupied Jammu and Kashmir has long been continuously subjected to the illegal use of force with complete disregard to the International Law.

In a wider sense, an international dispute is a disagreement between two member states of the United Nations (UN). The region of Indian Illegally Occupied Jammu and Kashmir (IIOJK) is an international dispute. The Indian claim of it being entirely an internal matter is in absolute violation of the Charter of the United Nations. The UN Security Council (UNSC), being the highest diplomatic forum of the world, has passed numerous resolutions on the dispute of Jammu and Kashmir, thus, these UNSC resolutions are testimonies to the fact that it is an international dispute. The final status of the State of Jammu and Kashmir is to be determined in accordance with the Charter of the United Nations and applicable Security Council resolutions. The right to self-determination is the right of a people to determine its own political, economic and cultural destiny; all peoples have the right to self-determination. The dispute of IIOJK is a potential nuclear flashpoint between India and Pakistan. It is the paramount obligation of the UN to take effective measures in order to maintain international peace and security and to take appropriate measures to strengthen universal peace. India’s nefarious designs and draconian policies in respect of IIOJK are a threat to the international peace and security, hence, in sheer violation of the Charter of the United Nations. 

The final status of the State of Jammu and Kashmir is to be determined in accordance with the Charter of the United Nations and applicable Security Council resolutions. The right to self-determination is the right of a people to determine its own political, economic and cultural destiny; all peoples have the right to self-determination.

India’s delaying tactics in not settling the dispute of Jammu and Kashmir not only violate the UN Charter but also undermine the universal principles of justice, thus, the dispute of Jammu and Kashmir is a portrait of the legal maxim, “Justice delayed is justice denied”.

The UNSC resolution of April 21, 1948, one of the most important UN resolutions on the Kashmir dispute, resolved: “Both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite.”

Article 1 paragraphs (1) and (2) of the UN Charter, Chapter I: Purposes and Principles, states some basic purposes of the UN that are relevant in understanding the dispute of Jammu and Kashmir and violations of the Charter committed by India, hence, the said paragraphs of Article 1 are reproduced hereunder:
• To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.
• To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.
It is noteworthy that as per Article 2 (3) of the Charter, the United Nations and its member states are under obligation to strive for the fulfilment of the purposes stipulated in aforesaid Article 1, and all member states shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. However, India’s illegal actions, starting from the occupation of IIOJK in 1947 to the recent revocation of Article 370 of the Indian Constitution in 2019 are glaring examples of endangering the international peace and security. India’s delaying tactics in not settling the dispute of Jammu and Kashmir not only violate the UN Charter but also undermine the universal principles of justice, thus, the dispute of Jammu and Kashmir is a portrait of the legal maxim, “Justice delayed is justice denied”. It must be expressly stated that once again, India acted in absolute violation of the UN Charter and applicable Security Council resolutions on the region of Jammu and Kashmir and blatantly, on August 5, 2019, revoked the special status of the occupied region within the Indian Constitution, placing the occupied region under tighter control of the central government.
The UNSC resolution of April 21, 1948, one of the most important UN resolutions on the Kashmir dispute, resolved: “Both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite.” The mutual agreement between India and Pakistan to solve the issue through the United Nations led the UNSC and the United Nations Commission for India and Pakistan (UNCIP) to pass several resolutions on the Kashmir dispute. The basic resolutions passed by the UNSC and UNCIP in 1948, for the resolution of the Kashmir dispute, were categorically affirmed and reaffirmed by the UNSC in its resolution no. 91/1951 and 122/1957. 

It is also pertinent to state here that the legitimate demand of right to self-determination by the people of IIOJK is supported by the Security Council resolutions, consequently, the freedom movement is absolutely legal in terms of international law and use of brute force to stop the peaceful freedom movement also violates international law. 

India is still acting in complete disregard to international law since August 5, 2019 to February 5, 2022. It has been 30 months that the helpless people of IIOJK are looking towards the international community, seeking its active indulgence for remedying their legitimate grievances against India.

Therefore, these UNSC resolutions tantamount to decisions of the Security Council having a binding nature and Article 25 of the UN Charter provides that “The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter”. Therefore, the final disposition of the state of Jammu and Kashmir is to be determined by holding a free and impartial plebiscite, which is binding on the parties, thus, the Indian actions negating the UN resolutions are in violation of the international law. It is also pertinent to state here that the legitimate demand of right to self-determination by the people of IIOJK is supported by the Security Council resolutions, consequently, the freedom movement is absolutely legal in terms of international law and use of brute force to stop the peaceful freedom movement also violates international law. 
Pakistan has rightly argued that the Indian moves violate international law. Its stance is implicitly endorsed by the United Nations Secretary-General. In view of the governing provisions of the international law, a statement was issued on August 8, 2019 by the Office of the United Nations Secretary-General, António Guterres, which states, “The Secretary-General has been following the situation in Jammu and Kashmir with concern and makes an appeal for maximum restraint. The position of the United Nations on this region is governed by the Charter of the United Nations and applicable Security Council resolutions. The Secretary-General also recalls the 1972 Agreement on bilateral relations between India and Pakistan, also known as the Simla Agreement, which states that the final status of Jammu and Kashmir is to be settled by peaceful means, in accordance with the Charter of the United Nations. The Secretary-General is also concerned over reports of restrictions on the Indian-side of Kashmir, which could exacerbate the human rights situation in the region. The Secretary-General calls on all parties to refrain from taking steps that could affect the status of Jammu and Kashmir”.
The statement of the UN Secretary-General is of immense significance and sets the record straight and expressly rejects the Indian claim in respect of the region of Jammu and Kashmir. However, India is still acting in complete disregard to the international law since August 5, 2019 to February 5, 2022. It has been 30 months that the helpless people of IIOJK are looking towards the international community, seeking its active indulgence for remedying their legitimate grievances against India. The United Nations and its member states are fully aware of India’s illegal actions but still, unfortunately, the international community has not met legitimate expectations of the hapless people of IIOJK. 
Pakistan is committed to resolve the Kashmir dispute in accordance with the UN Charter and applicable Security Council resolutions on Jammu and Kashmir. Pakistan, being a lawful advocate for the rights of the people of Jammu and Kashmir, has been aptly raising its voice against the growing Indian aggression, however, in view of the flagrant violations of international law – including human rights abuses by India – there is a need for more active diplomacy and strong advocacy before the international community. 
It is most pertinent to mention here that the Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. It was drafted by representatives with different legal and cultural backgrounds from all regions of the world. The Declaration was proclaimed by the United Nations General Assembly in Paris on December 10, 1948, (General Assembly resolution 217A) as a common standard of achievements for all peoples and all nations. Article 1 of the UDHR is of great significance for all peoples and nations. It states that “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”. 

The Indian government has adopted a policy of using violence as a weapon of war against unarmed civilians in IIOJK, which violates the international law and universal norms. Unfortunately, mass graves, rape, extrajudicial killings, fake encounters, arbitrary arrests, detentions and draconian laws narrate the sordid story of IIOJK that has become the “valley of death”.

Therefore, it is time to mobilize the world opinion in favor of the people of IIOJK, particularly in view of the constant violation of the international law and due to the gross human rights violations committed by the Indian troops. The Indian military and paramilitary forces are acting in sheer violation of the UDHR. The Indian government has adopted a policy of using violence as a weapon of war against unarmed civilians in IIOJK, which violates the international law and universal norms. Unfortunately, mass graves, rape, extrajudicial killings, fake encounters, arbitrary arrests, detentions and draconian laws narrate the sordid story of IIOJK that has become the “valley of death”. Such Indian actions are in absolute violation of the UHDR which provides in terms of its Article 3, “Everyone has the right to life, liberty and security of person; Article 5, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment; Article 9, “No one shall be subjected to arbitrary arrest, detention or exile; and Article 10, “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him”. 
It is reiterated that it is an international dispute, therefore, in view of the continuous violations of international law by India and particularly due to the use of endless violence against the unarmed civilians in IIOJK by the Indian troops, the UN should practically intervene since Indian actions tantamount to serious threats to international peace and security. The United Nations should invoke provisions of Chapter VII (Articles 39 to 51) of the UN Charter, which provides for Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression. It provides a comprehensive mechanism for such like situations including hearings on the matter of interruption of economic relations and severance of diplomatic relations with the aggressor country, which is India in the present case, hence Indian illegal actions provide an appropriate and proper circumstance to implement international law.

The writer is an Advocate at the Supreme Court of Pakistan based in Islamabad. He has also taught at the Constitutional Law at Secretariat Training Institute, Government of Pakistan. 
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