Evaluating The Efficiency Of International Tribunals In Solving War Crimes (India & Pakistan Dispute Over Jammu & Kashmir)



Over the past 500 years, Kashmir has been ruled by Kings from several ethnicities — Hindus, Buddhists, Muslims, Afghans, Sikhs, and Dogras.

In the first half of the 1st millennium, the Kashmir region became an important centre of Hinduism and later of Buddhism; later in the ninth century, Shaivism arose. Islamisation in Kashmir took place during 13th to 15th century and led to the eventual decline of the Kashmir Shaivism.

In 1339, Shah Mir of Mir Dynasty ruled Kashmir. The next 500 years were rules by Mughal Empire. In 1800’s Sikh Ruler, Under Ranjit Singh annexed Kashmir.

The rule of his descendants, under the paramountcy (or tutelage) of the British Crown, lasted until 1947, when the former princely state became a disputed territory, now administered by three countries: India, Pakistan, and the People’s Republic of China.







The provisions here are correspondingly accorded with respect to both the countries I,e india & Pakistan. The purpose here is to showcase the legal provisions marked by both union governments to tackle and handle the moot issue of Kashmir.


In respect to India’s provisions:-


  1. INDIA


  1. Indian Independence Act, 1947
  2. Instrument Of Accession, 1947
  • United Nations Intervention, 1948
  1. Karachi Agreement(UN Intervention), 1949
  2. Article 370 & 35(A), 1950
  3. Delhi Agreement, 1952
  • Jammu & Kashmir’s Adoption Of Own Constitution, 1956
  • Tashkent Agreement, 1965
  1. Simla Agreement, 1972
  2. Kashmir Agreement, 1975
  3. Lahore Declaration, 1999
  • Agra Summit, 2001
  • Jammu & Kashmir Reorganisation Act, 2019

J&K Division into 2 Union Territories:-

  • Kashmir (Legislation) &
  • Ladakh




In respect to Pakistan’s provisions:-


  1. Pakistan-India Independence Act, 1947
  2. Pakistan Invasion to Kashmir- 1947
  • Article-257
  1. Abrogation Of State Subject Rule In Gilgit-Baltistan, 1974
  2. Pakistan Declared War Against India- 1965
  3. Pakistan Liberation War, 1971
  • Terrorism Upfront (Organisations)- 1989 onwards
  • War Against India, 1999






The then Prime Minister of India, Pandit Jawaharlal Nehru approached to the UNITED NATIONS to help India retain the avenged Kashmir captured by Pakistan. Hence, the matter became International. The UNITED NATIONS SECURITY COUNCIL RESOLUTION was new then & by India’s call they  took concern over Kashmir conflict. After hearing arguments from both sides India & Pakistan, the council increased the size of the commission to 5 members (with representatives of Argentina, Belgium, Columbia, Czechoslovakia & USA), instructed the commission to visit India & Pakistan to restore peace & order & decide the fate of Kashmir.

Moreover, the resolution recommended a three-step process for the resolution of the dispute.

In the first step, Pakistan was asked to withdraw all its army that entered Kashmir.

Secondly, India was asked to progressively reduce its forces to the minimum level required for law & order.

In the third step, India was asked to appoint a plebiscite administrator nominated by the United Nations who would conduct a free & impartial plebiscite.



Both India & Pakistan raised objections to the resolutions but however, they welcomed mediation by the United Nations Commission.

Subsequently, Pakistan Army broke cease firing at the beginning in 1949. No truce was ever achieved due to disagreements over the process of demilitarisation by Pakistan.

After considerable efforts, the commission declared it’s failure in December, 1949.

In 1972, following the Indo-Pak War of 1971 both countries signed Agreement, agreeing to resolve all their differences through bilateral negotiations & considered issue as internal.





Ever since Kashmir was regarded with the status of 370, it hallmarked a separate

Form of government with which the due diligence was also  inclined towards Pakistan’s politics. Indian government followed the similar law commission but were unable to effectively participate as Kashmir had separate constitution which guided them. Schemes & allowances sent by the centre were ineffective as the tyranny of the then Prime Minister Sheikh Abdullah gave a perspective to reconsider .

Some of the reports were given by:-

  1. Jammu & Kashmir Commission of Inquiry Act, 1962
  2. Jammu & Kashmir Minority Report
  3. International Court of Justice
  4. United Nations Security Council


Abrogation of Article 370 was the need of the hour. It was an instrument used for temporary measure to curb the terrorism in Kashmir but unfortunately it has been used as a tool of defence and promote terrorism. Law Commission of India has been continuously hinting to abrogate Article 370 and as a consequence Political party i.e Bhartiya Janata Party (BJP) took a step forward and mentioned it in their manifesto under Prime Minister Narendra Modi and effectively abrogated.






Primary Source Of Data The research is being conducted with the view in mind that both India & Pakistan’s legal provisions must be showcased to enhance our point of view regarding Kashmir dispute. My collection of data is mainly from personal interviews, experiments & also focus group data including Army Veterans and Defence personnels.


Secondary Source Of Data – The other half of my research has been possible by the use of secondary sources of data including internet, newspapers & published books. It widened my personal capacity to choose my words appropriately in this research & broadcast it in words.

Many Authors have published their perspectives including War veterans, United Nations Officers, Politicians and Hindu Migrants from Kashmir. All of them have a uniform concern that is  for Kashmir & Kashmiri’s.







“ What standing does Pakistan have in this dispute? What is their legal standing? Pakistan is not a party to the dispute; let’s get our facts right, then we can discuss it!” — A senior Indian strategist, New Delhi, mid-March, 1992


“ My view is that if India continues on its present course, then consequences cannot be foreseen. I cannot say where boundaries will be drawn, but certainly the present boundaries will be changed. India must be prepared to make a reasonable agreement, then the process of partition begun in 1947 will be completed.”
— A senior Pakistani foreign policy official, Islamabad, a few days later.






It is unfair – and perhaps simplistic – to say that it is the failure of the international legal regime that has prevented resolution of the Kashmir dispute. It has, however, provided fuel for the continued. This project has examined the genesis of the Kashmir dispute and the subsequent entrenchment of the conflict. The partition of 1947 has been identified as the trigger of the conflict. It has been suggested that the approach of the international community, due to political interests and the failure to take binding action, contributed to this process. Legal arguments based on “soft” law have also compounded the problem by allowing each side to focus its attention on the misdeeds of the other. Meanwhile, the unilateral actions of both countries have frequently moved them further away from agreement.

By Bilateral talks & solutions are more appropriate in the on going dispute. Revocation of Article 370 & 35(a) was the biggest achievement towards a solution for Kashmir. Atlast it is still a long journey. All we can do is hope for the best!

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