Pakistan Writes to UN, OIC, EU Against Indian Supreme Court Kashmir Verdict

Defense News - On December 16, 2023, Pakistan Foreign Minister, Jilani Abbas Jilani, expressed concerns to the United Nations (UN), the Organization of Islamic Cooperation (OIC), and the European Union (EU) regarding what he deemed as the "illegality" of a recent judgment by the Indian Supreme Court concerning the status of Indian Illegally Occupied Jammu and Kashmir (IIOJK). The Foreign Minister strongly denounced what he characterized as India illicit measures to solidify its occupation of IIOJK, coupled with a persistent suppression of the rights of the people of Jammu and Kashmir, as reported by The Dawn.

Terming the recent judgment a violation of international law and relevant UN Security Council resolutions, the foreign minister asserted that these unlawful actions were aimed at disempowering the Kashmiri community in their own homeland.

On Monday, India Supreme Court rendered a unanimous verdict, declaring the special status of held Kashmir as a temporary provision and upholding an order to abrogate Article 370 in the constitution. The court also directed the election commission to conduct elections in held Kashmir by September 30, 2024.

In August 2019, India ruling Bharatiya Janata Party had revoked the special status of occupied Kashmir by repealing Article 370, limiting the power of the Indian parliament in the state, except in matters of defense, foreign affairs, and communications. This move granted people from the rest of the country the right to acquire property in held Kashmir and settle there permanently.

Critics, international organizations, and Kashmiris labeled this move an attempt to alter the demographics of Muslim-majority Kashmir with Hindu settlers.

Foreign Minister Jilani categorically rejected the Supreme Court verdict and announced his intention to inform international organizations about what he deemed the futility of the ruling.

In a press release issued by the Foreign Office, the foreign minister reiterated in his letters that, under international law, domestic legislation and judicial decisions cannot be invoked to determine the final status of an internationally recognized disputed territory.

"The recent judgment of the Supreme Court of India is termed by FM Jilani as a breach of international law and relevant UN Security Council resolutions, especially Resolution 122 (1957). This endorsement of India unlawful measures cannot override the provisions and prescriptions of the UN Security Council as contained in its resolutions on Jammu and Kashmir," stated the Foreign Office.

Foreign Minister Jilani called on the UN Security Council to ensure the full implementation of its resolutions on the Jammu and Kashmir dispute and urged India to halt grave human rights violations in IIOJK, reversing all illegal actions undertaken since August 5, 2019.

Chief of Army Staff General Asim Munir also addressed the issue with UN Secretary General Antonio Guterres during a meeting in New York on Friday. General Munir emphasized that peace in South Asia would remain unattainable until a solution aligns with UNSC resolutions and the aspirations of the Kashmiri people. He condemned the "illegal Indian efforts to change the status of Jammu and Kashmir," deeming it a violation of UNSC resolutions.