The status of Indian administered part of Jammu and Kashmir, referenced in UN SC Resolution of 30 January 1951, may have according to Indian point of view changed after 5 August 2019,
in law it has no merit. It is an illegal occupation and a violation of UN SC Resolutions. It is no more a political issue but a legal one.
According to the jurisprudence of UN SC template on Kashmir the Indian action of 5 August 2019 and thereafter are a “very grave offence”. Netherlands 611 meeting of UN SC held on 23
December 1952.
The following 3 options are available and are lawful.
(1) Pakistan could consider to use military force, to seek the vacation of Indian reoccupation of the part under its administration. India is subject to a caution under UN SC Resolution of 30 March 1951. Pakistan could revive its proposal and demand the induction of a UN Force into Kashmir.
(2) Second option could be using the Azad Forces and Gilgit Scouts referenced in UN Security Council documents. The two local authorities at Muzaffarabad and Gilgit reserve the right to use military force in seeking Indian vacation from ‘illegally occupied Jammu and Kashmir’. Azad Forces comprised of about 65,000 personnel in January 1948 and the Gilgit Scouts were also of a reliable number. A proportionate
increase over the last 72 years would turn them into a huge military force, capable of engaging Indian army in Kashmir. If they have been embedded into Pakistan army, an independent revival to undo Indian occupation would be legitimate. . Pakistan could intimate the UN General Assembly and Security Council of this compelling decision.
(3) The legal option to challenge the ‘illegal occupation’ is inevitable. It would dignify Pakistan’s decision of issuing a new map, which has designated the Indian administered Jammu and Kashmir as Illegally occupied Jammu and Kashmir. A follow up on this would rehabilitate the faith of the people of Jammu and Kashmir, in our political, moral
and diplomatic support. The legal challenge has to be taken up as a well-considered and as an overwhelming project. Pakistan could make a direct reference to International Court of Justice or lobby with member states in the UN SC and UN GA that either of the two bodies makes a reference to ICJ. Credible NGOs working around the world
could be engaged. They could enlarge the constituency of sympathy for Kashmiri people and prevail upon UN SC, UN GA and their respective capitals.
By: Dr. Syed Nazir Gilani President JKCHR
