High time to engage in lawfare against India, experts assert

Islamabad, November 30 (KMS): Legal experts at an event titled “Unabated Human Carnage in Occupied Kashmir” said, Responsibility To Protect (R2P) is the most viable option for Kashmir to use against India to curb its unconstitutional tactics.

The event was organised by the Legal Forum for Kashmir (LFK), an international advocacy group for Kashmir, in collaboration with All Parties Hurriyat Conference (APHC) AJK-chapter.

Speaking on the occasion, the LKF Chairman and former International Judge of the United Nations, Justice Ali Nawaz Chowhan, said, Kashmir is a disputed territory recognised by international community and Responsibility To Protect in a given situation and as interim measures are the best options for Kashmir to use against India. He said, “The Powerful states’ use lawfare for sanctions, while the weak states approach the international legal avenues such as the International Court of Justice (ICJ). The State of Pakistan and people of Kashmir have the same interest of freeing Kashmir from the Indian occupation.”

Advocate, Nasir Qadri, Executive Director of LFK while addressing the gathering said, “there is a little possibility of direct confrontation between Pakistan and India. Therefore lawfare should be employed for sure open war is not an option.”

He maintained that India has banned several human rights organisations in the occupied territory to suppress the voices of the people. LFK has been working on Lawfare and legal advocacy on the Kashmir dispute since the first day of its formation and has emerged as a source of frustration for the Indian right-wing regime after cases of torture, war crimes and atrocity crimes have been taken up by the legal organization, he said.

“Now is the high time for result-oriented pro-active steps to shame and expose Indian war crimes at the international level, and the tool for such work is Lawfare,” Nasir Qadri added while emphasizing the importance of legal actions and provisions implacable in the case of Kashmir dispute.

He also advised that Lawfare is not possible for Pakistan without the support of the people of Kashmir; the victims should come forward and give testimonies at international legal forums which would result in the conviction of the war criminals.
Syed Faiz Naqshbandi, the Convener Hurriyat Forum led by Mirwaiz Umar Farooq, while speaking at the event highlighted the gross human rights violations perpetrated by Indian troops in Indian illegally occupied Jammu and Kashmir.

Kashmir Institute of International Relation (KIIR) head, Altaf Wani, also spoke in a session, and said that being a member of APHC, we have always been at the forefront to support initiative, which will be helpful for the Kashmir cause.

The experts and panelists agreed upon the endorsements made during the event. “Even if ICJ is not in a position to resolve the Kashmir issue permanently, at least the other lawfare options can send urgent relief and ease the lives of the people by stopping brutal killings at the hands of Indian occupying forces,” they said.

The recommendations include employing proactive lawfare for advocacy of the
Kashmir dispute at international fora and the invoking of Responsibility To Protect (R2P) as interim measure to curb India’s unconstitutional approach and tactics.