Middle East

Pakistan should exercise universal jurisdiction over Indian crimes in Kashmir

Despite the incomplete record of international accountability, universal jurisdiction provides a way to move the wheel of international criminal justice.

When dealing with international issues, countries can take one of two approaches: Sit in the backseat and either develop the problem on your own in an unpredictable trajectory or actively work on it. The former approach leads to undesired results, while the latter requires more hard work at first, but is more rewarding in the long run.

I met with Pakistan’s Prime Minister Imran Khan in September 2020 and talked about this to discuss Pakistan’s law fair options in international legal affairs. I talked to the Prime Minister about the important field of lawfare, the concept of “universal jurisdiction.”

I give him universal jurisdiction over Indian authorities accused of committing international crimes in Jammu and Kashmir (IIOJK) under the illegal occupation of India, where Pakistan uses the resources of international law. I advised that it should be.

I don’t know if Pakistan listened to my advice, but significant international development (equivalent to the legal tsunami in India) is taking place in the UK. This shows that the world is slowly but surely awakening to the vicious crimes of India. Kashmir managed by India.

January 20, London-based law firm Stoke White, Submission An application to the British Metropolitan Police Department for the investigation and arrest of Indian Army Chief of the Army Staff Manoji Nalavne, and to Amit Shah, the Interior Minister for the torture, kidnapping and killing of activists and civilians in Kashmir, which is controlled by India.

On page 40 Report Titled “Indian War Crimes in Kashmir,” Stoke White calls on India’s Army Secretary of State and Interior Minister to begin legal proceedings under the principle of “universal jurisdiction.”

Stoke White Asked Metropolitan Police Department to investigate the death of minors illegally detained by Indian authorities and the systematic torture of human rights defenders.The company claims to have Collected Over 2,000 testimonies of various abuses and violations of international and national law.

This is a huge development of international law. Universal jurisdiction-established principles of international law- Obligation All countries that prosecute and punish perpetrators of war crimes, crimes against humanity, genocide and torture, regardless of jurisdiction, territory or civil rights, have these crimes at the center of the world’s goodwill. It is based on.

It is premature to predict the fate of Stoke White’s submission, but the first legitimate Salvo was fired against India. It depends heavily on whether the Pakistani and Kashmiris diasporas can gain even more momentum.

Evolution of universal jurisdiction

Despite the spots of international criminal liability and fairly dismal records, universal jurisdiction provides one way to move the wheel of international criminal justice.

Universal jurisdiction has evolved over the years and has been summoned by courts in various countries.Chilean dictator General Augusto Pinochet arrested In the United Kingdom in 1998 for crimes against humanity, based on an arrest warrant issued by a Spanish court. After the court battle, a British court dismissed Pinochet’s claim of immunity as head of state and ordered him to be handed over to Spain. Although no trial was held due to Pinochet’s poor health, his one and a half years of detention provided a turning point in the development of the concept of universal jurisdiction.

The Pinochet proceedings provided victims, NGOs and lawyers with a new window of hope in pursuing international criminal liability. Since then, several Latin American countries have begun investigating international crime. The Delivery Former Peruvian President Alberto Fujimori, who moved from Chile to Peru in 2007, serves as an example of a successful universal jurisdiction procedure.

Genocide Watch has filed a lawsuit against the Secretary of State for the Indian Army in the United Kingdom. Verified India is on the verge of an imminent genocide.Hindutva’s religious prejudice Swallowed All of India is now a threat to international peace and security.The systematic crackdown on the Kashmiris Assumption a New, ominous shape.Global media report About the dangerous orbit that India is heading under Prime Minister Narendra Modi.

Pakistan’s advance

Pakistan has several options regarding the procedure for universal jurisdiction over India. First, Pakistan needs to hold a conference entitled “Responsible India under Universal Jurisdiction” to raise global awareness of India’s human rights abuses in conflict Kashmir. Invitations should be extended to all countries, leading scholars, international lawyers’ committees, NGOs, foreign media organizations and influencers. Victims of Indian crime must be invited to present their testimony. Pakistan then needs to build on the deliberations of the conference and eventually bring it to the United Nations.

Second, Pakistan needs to identify state-owned or sponsored individuals involved in committing international crimes in Kashmir at the request of India. Mountains of evidence exist in the public domain, NGOs, and human rights groups. This evidence can form the basis for submitting a claim of universal jurisdiction to the Indian authorities.

Third, Pakistan is to file a proceeding, considering the registration of criminal charges, the issuance of arrest warrants, and the ease of arresting perpetrators, as well as the duration of legal proceedings and the possibility of criminal penalties. You need to identify the appropriate jurisdiction.

Finally, Pakistan should be assisted by an international lawyer who can advise Pakistan on the complete ecosystem of universal jurisdiction. The proceedings require careful preparation of the proceedings so that the full power of the law can be delegated to the perpetrator.

India has a terrible feeling about committing terrible crimes against the Kashmiris. Eventually, it was time to prevent Pakistan from adding non-moving costs to India to castrate the Hindutva project and realize its ominous design for the Kashmiris.

To do this, Pakistan must resonate with an international audience and pursue strategies that are in line with existing trends and practices. Thus, by leveraging the full scope of universal jurisdiction, Pakistan can initiate a preemptive legal strike against India. Now is the time to act.

Disclaimer: The views expressed by the author do not necessarily reflect the views, views and editorial policies of TRT World.

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Source: TRT World

https://www.trtworld.com/opinion/pakistan-should-invoke-universal-jurisdiction-for-india-s-crimes-in-kashmir-53926?utm_source=other&utm_medium=rss Pakistan should exercise universal jurisdiction over Indian crimes in Kashmir

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