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Lashmir and un’s responsibility to protect

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15.10.2020

Sovereign states are expected to act as guardians of their citizen’s security, but what happens if states behave as criminals towards their own people, treating sovereignty as a license to kill? Should tyrannical states be recognized as legitimate members of international society and accorded the protection afforded by the non-intervention principle? Non-Intervention has been the norm in international society since the1648 Peace of Westphalia, but should military intervention be permissible when governments massively violate the human rights of their own citizens, are unable to prevent such violations, or if states have collapsed into civil war and anarchy? The answer is Responsibility to Protect.

Protection from violence and mass suffering is the core principle of the UN. It is acting as custodians and guardians of states as well as individuals everywhere in this world. But why is it silent on Kashmir? How long will it take for Kashmiris to attain independence? Is there even a final solution?

The Responsibility to Protect (R2P) is a concept that has emerged recently in international law in response to the humanitarian crises of the world after the Cold War. First proposed by a commission in 2001, it was then approved in the UN’s 2005 World Summit Outcome, and through UN Security Council and General Assembly resolutions. It is the doctrine of the UN, according to which it has assured responsibility to ensure peace throughout the world under international humanitarian and human rights law.R2P is invoked when there is a threat of genocide, war crimes, ethnic cleansing and crimes against humanity. It confers a responsibility on the international community to prevent mass atrocities. R2P is fulfilled by first warning a state that displays unwillingness to prevent such crimes or apathy in dealing with them, and can result in a military intervention if deemed necessary.

In the context of R2P, the biggest concern in South Asia since 1947 is the Kashmir issue. The Valley is under the shadow of anarchy, where there is chaos, insecurity, disorder and uncertainty. It is an internationally recognized disputed territory between India and Pakistan, distributed into two parts, each controlled by one state. It has also been the bone of contention between them since their inception. They have fought three full-fledged wars, numerous low intensity conflicts and continue border skirmishes. In this........

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