Kashmir: What Does International Law Say?
On 5 August 2019, India revoked Article 370 of its Constitution, abolished Kashmir’s special status, and unilaterally declared Kashmir to be an integral part of India. The question, however, is whether this made Kashmir a part of India. Do the resolutions of the United Nations Security Council and the principles enshrined in the UN Charter cease to exist because of sham legislation passed by India?
A few fundamental points must be clearly understood.
Kashmir is a disputed territory. Under international law, its final status remains to be determined. The United Nations has made it unequivocally clear that this determination can only be made through a plebiscite conducted under UN supervision. Neither the local puppet assembly in Kashmir has the authority to decide the matter outside the framework of the UN-mandated plebiscite, nor does India possess such authority. No decision by either, whether constitutional or administrative, can substitute the right of self-determination. Nor do they have any legal authority to determine the future of Kashmir.
India cannot deprive the people of Kashmir of their right to self-determination on the basis of any amendment to its Constitution.
India cannot deprive the people of Kashmir of their right to self-determination on the........
