英语论文网

ine of control and looks interested maintaining this status quo. Finally, India fears that international pressure may be applied to force India into an unfavorable settlement.

Self-Determination: Under the principle of self-determination it is the right of every nation to establish its own territorial sovereignty. It’s the right of each population to decide often through plebiscite to accede to any state according to their wishes. Article 1(2) of the Charter of the United Nations 1945 states that the purposes of the UN is to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace. Almost all human rights treaties recognize the doctrine of self-determination. The Common article 1, paragraph 1 of the Covenant on Civil and Political Rights, the International Covenant on Social and Economic and Cultural Rights provides that all people have the rights of self-determination, by virtue of that right they freely determine their political states and freely determine their economic, social and cultural development. Under these legal instruments the people of Kashmir have the ability to determine their own political future.

Furthermore the Universal Declaration of Human Rights states in preamble: ‘Whereas it is essential if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.’ Furthermore, article 1 of the Universal Declaration of Human Rights declares: ‘All human beings are born free and equal in dignity and rights. They are endowed with reasons and conscience and should act towards one another in a spirit of brotherhood. [21] ’ In addition under international law, all peoples have a right to self-determination. This reflects most perfectly the law’s self-image as a guarantor of peace, human rights and democracy. If we look into the situation in Jammu and Kashmir, a general condition of lawlessness and mass human rights violations exist mainly Indian-held Kashmir [22] .

The government of India has signed the International Covenant on Civil and Political Rights (ICCPR). The Indian armies special task force (STF), Border security force (BSF), and state sponsored paramilitary groups and village defense committee - the principal government forces operating in Jammu and Kashmir, have systematically violated these fundamental norms of international human rights. Articles 4 and 7 of the ICCPR explicitly ban torture, even in times of national emergency or when the security of the country is threatened, Article 6 of the ICCPR prohibits derogation from the right to life. Thus, even during times of emergency, no one shall be arbitrarily deprived of his life. The ICCPR also prohibits torture and other forms of cruel, inhuman and degrading treatment [23] .

Now it is the responsibility of international community to assist and urge India and Pakistan to fulfill the obligation under the principle of self-determination. Because of the deadlock situation in bilateral negotiation both countries should aim to opt for hard legal process to solve the Kashmir dispute.

Pakistani ambassador to the UN, Mr. Munir Akram, emphasized in his speech to the UN General Assembly on the 31st of October 2002, that India is in breach of UN Resolution 47 of 1948