Kashmir, nestled between two nuclear powers, has long been marked by a deep, enduring sorrow. For over seventy years, it has been trapped in a bitter conflict between India and Pakistan, with its people caught in the middle. Once a land of dreams, its beauty-emerald valleys and snow-capped peaks-became the backdrop for division and despair.
Promises of peace, made by leaders, remained unfulfilled, while international efforts, including United Nations resolutions, seemed powerless against entrenched political interests. The region’s future remained uncertain, as the people of Kashmir endured violence, displacement, and fear, with generations growing up in the shadow of an inescapable conflict.
International frameworks that could offer justice appeared weak, offering little hope to those suffering in the forgotten land. Kashmir became a symbol of political deadlock-its dreams shattered, its promises broken, with peace ever out of reach.
The UN’s Promises: A Binding Commitment or Empty Rhetoric?
The story of Kashmir’s internationalization begins almost immediately after the partition of British India in 1947, when India brought the matter to the United Nations. In 1948, the UN Security Council passed Resolution 47, calling for a ceasefire, the withdrawal of troops, and a plebiscite-a democratic means for the people of Kashmir to determine their future. This resolution enshrined the principle of self-determination, a cornerstone of international law, promising the people of Kashmir the right to choose between India and Pakistan.
However, India’s refusal to implement these resolutions and its unilateral decision to integrate Jammu and Kashmir in 2019 effectively nullified the UN’s promises. The once-binding commitment of the international community to the Kashmiri people now seems like little more than a forgotten piece of paper.
Also See: January 5, 1949: What Becomes of a Promise to Kashmir
The Legal Frameworks: Self-Determination and Human Rights
International law, particularly the right to self-determination, underpins the Kashmir dispute. Article 1 of both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) recognizes the right of all peoples to freely determine their political status and pursue their economic, social, and cultural development. Kashmiris, like all peoples under foreign occupation, have a right to decide their future.
Yet, the harsh reality on the ground contradicts these legal frameworks. Human rights abuses in Indian-administered Kashmir—ranging from extrajudicial killings to enforced disappearances—continue unabated. The revocation of Article 370 in 2019, stripping Kashmir of its special status, marked a new low in the region’s descent into crisis. Curfews, communication blockades, and mass arrests have become the norm, exacerbating the already dire humanitarian situation.
These actions violate not only human rights in Kashmir but also international humanitarian law. The Fourth Geneva Convention prohibits altering the demographic composition of occupied territories, yet India has made efforts to change Kashmir’s demographic makeup by issuing domicile certificates to non-Kashmiris. This is seen by many as a form of settler colonialism, drawing uncomfortable parallels with similar practices in other occupied territories, such as Palestine.
The Failure of International Mechanisms: Political Deadlocks
Despite the clarity of international legal principles, the Kashmir issue remains unresolved due to a combination of political deadlocks and the ineffectiveness of enforcement mechanisms. The UN Security Council’s failure to compel India to implement its resolutions highlights the gap between international law and geopolitical realities. India’s strategic importance, especially as a counterbalance to China, has shielded it from international scrutiny. The U.S. and other permanent members of the Security Council have, at times, prioritized their geopolitical interests over the enforcement of international law, further stalling meaningful action.
Moreover, the lack of an effective enforcement mechanism within the UN system has rendered its resolutions meaningless. Unlike apartheid South Africa, where international sanctions and isolation brought about change, Kashmir remains a conflict where the global community has failed to impose any significant consequences on India for its actions.
Pakistan’s Role and the Way Forward
Pakistan has been the vocal advocate for the rights of Kashmiris, consistently raising the issue on international platforms like the UN, the Organization of Islamic Cooperation (OIC), and the Human Rights Council. Pakistan’s diplomatic efforts to highlight the human rights violations in Kashmir have garnered some attention, but the lack of a unified global response, coupled with India’s portrayal of Kashmir as an internal matter, has limited the effectiveness of Pakistan’s advocacy.
Pakistan’s own internal challenges, from political instability to economic struggles, have sometimes diverted attention from the Kashmir issue. But the path forward lies in a more focused and strategic approach.
- Strengthening Diplomatic Engagement: Pakistan must continue to use international forums to highlight Kashmir’s plight, building coalitions with like-minded countries and organizations to amplify its voice.
- Engaging Kashmiri Leadership: The voices of the Kashmiri people must remain at the centre of any resolution. Pakistan should work with Kashmiri leaders to ensure their perspectives are represented in international discussions.
- Promoting Regional Stability: To pave the way for meaningful dialogue, Pakistan must work to de-escalate tensions with India, seeking confidence-building measures like trade and cultural exchanges to build trust.
- Leveraging Legal Avenues: Pakistan should consider approaching the International Court of Justice (ICJ) to challenge India’s actions in Kashmir. While the ICJ’s jurisdiction is limited, a ruling could carry moral and political weight, bolstering Pakistan’s position on the global stage.
The Need for a Global Shift: Beyond Rhetoric to Action
The Kashmir conflict is a stark reminder of the limitations of international law when confronted with the complex realities of global power politics. While the promises of self-determination and human rights enshrined in international law remain, their implementation continues to be stymied by geopolitical interests. For Pakistan, the way forward lies in sustained diplomatic efforts, unity with the Kashmiri people, and a commitment to regional stability.
The international community must do more than issue statements and pass resolutions. It must break the political deadlocks that have allowed the Kashmir issue to persist for over seventy years. The promises made to the Kashmiri people must be honoured, and the time for empty rhetoric is long past. The global community must move beyond political expediency and take concrete steps to resolve one of the most protracted disputes of our time.
The path to peace in Kashmir is not just a matter of legal frameworks or diplomatic maneuvering. It requires a commitment to justice, a respect for self-determination, and a willingness to break the political deadlocks that have kept the region in turmoil for too long. It is time for the world to stand up and fulfill its promises to the people of Kashmir.
