KASHMIR, THE DISPUTED TERRITORY ANALYZING THE PERSPECTIVE

OF PAKISTAN, INDIA & KASHMIR IN LIGHT OF INTERNATIONAL LAW

This analysis explores the core issue of the Kashmir conflict: “the right of self-
determination for the Kashmiri people”

The Kashmiri argument rests on two pillars: “International law” and “Human rights
violations”. They point to the United Nations Charter and the International Covenant
on Civil and Political Rights, which enshrine the principle of self-determination. This
principle, in their view, grants them the right to decide their political future.

The situation is far from straightforward. The region's status is contested, with India
rejecting calls for a plebiscite – a UN-backed vote – promised in 1948 to determine
Kashmir's future. This refusal by India directly contradicts the Kashmiri interpretation
of their right to self-determination. Further complicating the issue is the presence of
documented human rights violations.

The Kashmiri people allege extrajudicial killings, enforced disappearances, torture, and
restrictions on freedom of expression and assembly. These accusations raise concerns
about the Indian government's actions and their compatibility with international human
rights law, which compels states to respect, protect, and fulfill the fundamental rights
of all individuals within their jurisdiction.

The study highlights a specific legal case –” The 1975 Western Sahara advisory opinion
of the International Court of Justice (ICJ)”,

In this case, the ICJ recognized the right to self-determination of the Sahrawi people
seeking independence from Morocco. This ruling provides a legal precedent that the
Kashmiri people can potentially use to bolster their claim.

It touches upon the abrogation of Articles 35A and 370 of the Indian Constitution, both
of which granted special status to Kashmir. This move by the Indian government was
done without Kashmiri's consent, it is observed by some as a violation of the self-
determination principle enshrined in international law.

In conclusion, the situation in Kashmir is a complex status quo about human rights
concerns and historical disputes. The core issue remains the right of self-determination
for the Kashmiri people, and resolving this conflict will require addressing this
fundamental demand.