Grandstanding about surgical strikes could have been avoided. Public pronouncement of the strikes and resultant aggressive retaliatory actions by the Pakistanis has in fact put authorities under more pressure. On one hand expectations of masses have been raised and on the other the locals living along the border are finding their daily life totally disrupted due to daily exchange of fire.
Mutilation of dead bodies is a ‘clear violation’ of both customary, and treaty norms in both international armed conflict (IAC) and non-international armed conflict (NIAC). Under international criminal law, the prohibition of mutilating dead bodies in international armed conflicts is covered as a war crime.
For me, the freedom is to move in your locality without showing identity cards, travel in public transport without getting searched or visit any office without getting frisked or loiter on the road without getting killed. Unfortunately, I have been deprived of all this since people in India and Pakistan got their freedom. I salute those Indians who share my agony when I tell them that I am being caged and curfewed on your Independence Day.
Article 35A, being the right under the Constitution to define a permanent resident, and to consequently confer upon such citizens rights related to immovable property, is intrinsically connected to both land and law in the State of Jammu and Kashmir. Tampering with it, therefore, might itself give rise to claims of self-determination propelled by forces that will inevitably manifest under any forced ‘integration’ scenario.
Leaders with far greater mandate than what Imran Khan Niazi, the head of Pakistan Tehreek-e-Insaaf, has achieved in the latest general elections have been hostage to the Pakistani Deep State insofar their India policy goes. However, if Imran the Prime Minister proves to be half as good as Imran the captain, Pakistan is in for some good times.
It is an invitation to explore a roadmap—a journey towards legal processes and democratic mechanisms for truce, peace and transitional justice that will undoubtedly be complex, but one that could strive to be inclusive and under international law.