International Studies Journal (ISJ)

International Studies Journal (ISJ)

International Humanitarian Law and Laws of War: Kashmir

Document Type : Extension Article

Authors
1 Professor of Human Rights Faculty of Law and Political Sciences. Islamic Azad University, Science and Research Campus, Tehran, Iran
2 Master Candidate of International Studies, University of Denver, Executive Assistant of International Studies Journal (ISJ), Ex UN intern in UNIC, Tehran, Iran
Abstract
The Kashmir conflict provides a rich history plagued by war, destruction, armed conflict, and violations of IHL in both Pakistan and India. The extensive and complicated background of the conflict provides information on the dedication of various groups working to document and curb the violations of IHL in the region. A debate on the international or non-international nature of the conflict must be based on the actions and statements of the nations, their involvement and cooperation with the ICRC and the precedent of international cases help to clear some of the confusion. A brief look into the most basic protections of Common Article 3 of the four Geneva Conventions and qualification of armed groups as combatants provides ample evidence of violations. In the end, only with a renewal of commitment to IHL and international accountability may the parties attempt to replace tension with a just solution to the age-old conflict.
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