Ihl and Kashmir

Mechanism for
implementation of
International Humanitarian
law
(A CASE STUDY OF KASHMIR)
submitted by
Darakhshan sheikh
(2k13/IR/27)
SUBMITTED TO SIR RAMZAN
University of Sindh department of international

relations
Table of Contents
INTRODUCTION OF INTERNATIONAL HUMANITERIAN LAW
3
Mechanism for implementation of International Humanitarian law
Principles of international humanitarian law
3
MAKE DIFFERENCE BETWEEN CIVILIANS AND COMBATANTS
The prohibition of attacks against those hors de combat
The prohibition of unnecessary suffering 4
The principle of proportionality 5

The principle of humanity..
5
NEED OF INTERNATIONAL HUMANITARIAN LAW...
5
HOW IS IHL
IMPLEMENTED?.....................................................................................................6
Preventive policies......
6
Monitor the mechanisms of IHL for the duration of a
conflict6
Protecting Powers..,
.6
Repression....
.7
Cooperation with the United Nations,,
7
ICRC....7
The International Fact-Finding
Commission.8
Physician for human rights (PHR)
..8
Kashmir war
9
Kashmir war AND HUMANITERIAN LAW ...
10
Armed conflict..
..10
Effective control
.,..10
Great violence .
..10
Right of self-determination of Kashmir...
..10
SUBMITTED BY DARAKHSHAN SHEIKH

(2K13/IR/27)
2
INTERNATIONAL HUMANITERIAN LAW IN KASHMIR..12

ICRC and Kashmir 12
VOILATION OF HUMANITERIAN LAW IN KASHMIR.....13
Deaths..14
Disappearance .15
Prisoner of war15
Rape of Kashmiri women...15
Attack in hospital ..16
Attack on civilians..17
Conclusion ..18
Bibliography19-20

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3
Mechanism for implementation

of International Humanitarian
law

INTRODUCTION OF
INTERNATIONAL HUMANITERIAN
LAW
International humanitarian law is set of international rules which solve humanitarian
problems which arise from international or non-international armed conflicts It aims
are to protect persons and property that affected by the war this law is also called
LAW OF ARM CONFLICT It protects persons who are not or are no longer
participating in the hostilities International humanitarian law is part of international
law
It is designed to balance humanitarian concerns and military necessity, and subjects warfare
to the rule of law by limiting its destructive effect and mitigating human suffering 1
Its primarily the duty of states to respect international humanitarian law

Other actors also play a role for the implementation of international
humanitarian law like the International Committee of the Red Cross
(ICRC) is a humanitarian institution in Geneva Switzerland The United
Nations and NGOs are also obey the IHL for the betterment of civilians
affected by armed conflict.
International humanitarian law says that War must be fought with in
certain legal framework and should be limited the aim of international
humanitarian law is to humanize warfare by limiting the human suffering
caused by armed conflict.
International Humanitarian Law have the following principles

1 GSDRC 2013 International legal frameworks for humanitarian action, Topic guide.
Birmingham, UK:GSDRC, University of Birmingham http://www.gsdrc.org/go/topicguides/ilfha page no 14

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between civilians and combatants (A CASE STUDY OF KASHMIR)
Make difference
prohibition of attacks against those hors de combat
prohibition of unnecessary suffering
principle of proportionality
principle of humanity
1. MAKE DIFFERENCE BETWEEN CIVILIANS AND

COMBATANTS
Make difference between civilian and combatants means
that only fighters may be directly targeted this principle
protect civilians in armed conflict or in the condition war if there are no
principle for make difference between the civilian and combatants then
there would be no limitation on the condition of war and suffering which is
caused by the war become unlimited
2. The prohibition of attacks against those hors

de combat
The prohibition to attack any person hors de combat means the
persons those who are no longer participating in war for example
sick and wounded persons, prisoners of war, old persons means or if
any soldiers from opponent side surrenders or become wounded
then it is prohibited to attack that person Additionally they may be
grant to more protections if they become the prisoner of war
It is forbidden to kill or wound an adversary who surrenders or who can no
longer take part in the fighting2
3. The prohibition of unnecessary suffering

International humanitarian law limited the violence it prohibit the
unnecessary suffering and violence which caused unnecessary injuries
Even there is limitation when fighters are fighting One rule
that has been established based on this principle is the Prohibition of use
of unnecessary weapon for example the use of blinding laser weapons and
chemical weapons The use of biological and chemical weapons is
prohibited in the Geneva Protocol of 1925 and the use of blinding raser
was prohibited in 1980
2 International Humanitarian law and the law of armed Conflict COURSE 2012.
AUTHOR Antoine A. Bouvier SERIES EDITOR Harvey J. Langholtz, Ph.D.page 25

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5
Treaty was updated with the adoption of the Biological Weapons Convention
1972 OF KASHMIR)
(A CASEin
STUDY
and the Chemical Weapons Convention in 1993, both of which strengthened the 1925
and 1980 Convention prohibits the use of munitions that use fragments not detectable
by X-ray and blinding laser weapons.3
4. The principle of proportionality

It is the principle of international humanitarian law that the punishment in
the war should be proportional to the crime means the punishment should
be limited and not more than the desire aim of war
5-The principle of humanity

The principle of humanity started when Henry Dunant the founder of IHL
saw the destruction of human rights in battle of solferino 1859 than The
principle of humanity have great importance in IHL The principle states
that all humans have the capacity and ability to show respect and care
for all humans even for enemies the principles of humanity can be found
in all major religions and cultures. IHL simply looks to limit the harm, and
the principle of humanity is setting out protections for the wounded and
sick
NEED OF INTERNATIONAL
HUMANITARIAN LAW
Before 19491 there were not any law prohibited the use of unlimited
force in armed conflict to limit the violence neither the Charter of United
Nations nor any other rule of International law Even there is International
Human Rights Law which deals with war as well as peaceful situation But
there is not as such special provision which work during the war. After
World War II countries realised that more conflicts is purely internal
character have occurred which led to violation of human rights and create
the necessity to regulate the conduct of war also today we are living in
nuclear age Nobody can forget the damage which can be caused by the
atomic bombs like we saw what happened in Japanese cities of Hiroshima
and Nagasaki also the Day by day advancement of technology increases
the threat for human life In 21st century various kinds of advance
weapons have been developed this includes Chemical and Biological
Weapons. All these technological development create more thread to
human society Therefore, there is an urgent need to modify the law so
3 International Committee of the Red Cross Weapons30-11-2011
https://www.icrc.org/eng/war-and-law/weapons/overview-weapons.htm

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(A CASE
STUDYinOF KASHMIR)
there was the need of law which work for the human society
specially
case and during the period of war to save human beings
IHL covers two domains the protection of people who are not, or are no longer,
participating in hostilities and restrictions in means of waging war, mainly weapons,
and to war methods, such as certain military tactics.4
HOW IS IHL IMPLEMENTED?

The Implementation of international humanitarian law is the responsibility
of the States those who were present at the time of Geneva Conventions
and their Additional Protocol It is stated in Article 1 common to the four
Geneva Conventions which bind the States to respect the Conventions in
all circumstances
The High Contracting Parties undertake to respect and to ensure respect for
the present Convention in all circumstances5
States must prevent all violations if they occurs also punish those who
are responsible for the violation States have a duty in peacetime and
during the time of armed conflicts to take certain legal and practical
measures aimed at ensuring full acceptance of IHL. International
humanitarian law treaties
Preventive policies
Spreading knowledge of International humanitarian law in both civilians

and the military To make familiar with the rules of international
humanitarian law also states have to Translate the treaties of
international humanitarian law into the national language then everyone
can Easily understand the law also state have to Prevent war crimes and
also set punishment for those who commit them Everyone should must
respect the sign of Red Cross Red Crescent and red Crystal emblems.
2. Monitor the mechanisms of IHL for the duration of a conflict
Protecting Powers
Protecting Powers are neutral States appointed to safeguard the interests
of the parties of conflict. The role of the Protecting Power is to conduct
relief and protection operations and to supervise compliance with
4 Croix-Rouge luxembourgeoise International Humanitarian Law (IHL)
http://www.croix-rouge.lu/en/le-droit-international-humanitaire/
5 Convention (IV) relative to the Protection of Civilian Persons in Time of War.
Geneva, 12 August 1949.
https://www.icrc.org/ihl/385ec082b509e76c41256739003e636d/6756482d86146898
c125641e004aa3c5

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7
(Acivilian
CASE STUDY
International humanitarian law by visiting prisoners of war or
who OF KASHMIR)
are not participating since the second the system of protecting parties is
running
The protecting parties have two roles

It can conduct relief and protection operations in aid of victims, and can at the
same time supervise the belligerents compliance with their legal
undertakings6
Repression
These is duties of the parties to the conflict to prevent from great
violations also It is the duty of States to repress the domestic conflict by
domestic prosecutions to avoid great conflict and also it is the duty of
military commanders to take action against violators of the Geneva
Conventions and Additional Protocols There is also Obligations between
States to provide mutual assistance on criminal matters The main cause
of suffering in armed conflicts is inability to respect the law which create
Even in situations where large numbers of people have been victims of
violations those who have suffered direct or indirect personal harm as a result
thereof are entitled to reparation7
International humanitarian law to seek reparations directly from the state

who are responsible for the violation
Cooperation with the United Nations
In the time of serious violations of IHL, States party to the Geneva
Conventions and its Additional Protocols must act in cooperation with the
United Nations and work with the United Nations Charter. United Nations
also involved in the peace keeping operations
ICRC
the International Committee of the Red Cross plays an important role for
the implementation of international humanitarian law In time of armed
conflict the ICRC serves as a neutral independent body of working with all
parties to the conflict to help all victims of armed conflict Their work
involves numerous tasks such as visits to persons which are arrested
6 Various mechanisms and approaches for implementing international humanitarian
law and protecting and assisting war victims international review of red cross editor
Toni Pfanner Volume 91 Number 874 June 2009 page num 287
7 Various mechanisms and approaches for implementing international humanitarian
law and protecting and assisting war victims international review of red cross editor
Toni Pfanner Volume 91 Number 874 June 2009 page num 288

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(A CASEof
STUDY OF KASHMIR)
During visits interviews are conducted to check on the conditions
persons and to ensure the
well-being of persons but Only rarely will
the ICRC go publicly with their concerns in armed conflict The ICRC also
provides the relief supplies and medical assistance to victims of armed
conflicts repository of information on
Persons affected by armed conflict about the missing, sick, wounded

person. The ICRC humanitarian programs vary according to the type of
armed
Conflict. In international armed conflicts the ICRC has a guaranteed right
to provide humanitarian assistance to States
The ICRC identifies 161 rules which are presented as part of customary
international law. In many cases, these rules apply to both international and
non-international armed conflicts. Some of the rules deal with the protection
of victims, others deal with the conduct of hostilities, and others still deal with
the implementation of IHL8
The International Fact-Finding Commission

To secure the victims of armed conflict Article 90 of the Protocol I
Additional to the Geneva Conventions of 1949 provides for the
establishment of an International Fact-Finding Commission. The
Commission was officially constituted in 1991 and is a permanent body
whose primary purpose is to investigate grave breaches and other serious
violations of international humanitarian law. The Commission is an
important means of ensuring that international humanitarian law is both
applied and implemented during armed conflict Seventy one States have
accepted the competence of the Commission which comprises 15
individuals elected by States.
The Commission consists of fifteen experts. The Swiss Ministry of Foreign
Affairs carries out the secretariat functions. IHFFC is headquartered in Bern. 71
states have joined the body9
Physician for human rights (PHR)

8 THE CONTRIBUTION OF INTERNATIONAL BODIES TO THE DEVELOPMENT AND
IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW (IHL) CLAUDE
EMANUELLI*Professor, Faculty of Law, University of Ottawa, Canada. page num 152
9 "State Parties", IHFFC.

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9
(A CASE
Physicians for Human Rights (PHR) is an organization of physicians and
other STUDY
health OF KASHMIR)
professionals that brings the knowledge of the medical sciences make investigation
and work for the prevention of violations of international humanitarian law. It was
founded in 1986 it work to stop torture, disappearances and killing
Kashmir war
Kashmir is located between India and Pakistan during the British raj in the
sub-continent Kashmir was set up a principality state ruled by maharaja
When the British withdrew from India in 1947 the autonomous States such
as Jammu and Kashmir were to be given the option of joining either India
or Pakistan the Kashmiri people are largely Muslims but maharajah was
Hindu It was assumed that people of Kashmir would choose accession to
Pakistan However at that same time Maharajah Hari Singh sought help
from Indian troops and he signed an instrument of accession with India.
The Indian army then took over from the maharajah's forces and it began
fighting against Azad Kashmir forces By 1947 the Azad Kashmir controlled
one third of the State of Jammu and Kashmir but were unable to hold the
whole of it A portion in the north came under Pakistan authority and
another part under Chinese control. The largest part Kashmir fell to Indian
forces. India seized much of Kashmir in 1947 during the break-up of
British colonial rule in the region. In 1949, the United Nations Security
Council and its Commission for India and Pakistan decided that Kashmiris
themselves should determine their future rule and authorized a UN
administered plebiscite of Kashmiris to determine their status but this
plebiscite has not yet been held.
The number of Indian troops in Jammu and Kashmir is close to 600,000 these
troops have engaged in widespread humanitarian abuses 10
The Data released in 2011 by Jammu and Kashmir government against

the violation of IHL by India stated stated that
In the last 21 years, 43,460 people have been killed in the Kashmir insurgency.
Of these, 21,323 are militants, 13,226 civilians killed by militants, 3,642
civilians killed by security forces, and 5,369 policemen killed by Militants 11
10 Asad Hashim. "Timeline: India-Pakistan relations". Aljazeera.com. Retrieved 25 June
2015.
11

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10
THE KASHMIR WAR AND HUMANITARIAN LAW

International humanitarian law is applicable at the time of armed conflict
The war in Kashmir between the Indian armed forces and Kashmiri
resistance fighters automatically invokes humanitarian law Humanitarian
law became applicable in Kashmir in 1947 with the first military actions of
the Azad Kashmir forces.
The Kashmir War is a war of national liberation in defense of the right to
self-determination it is not right to refer to this war as a civil war.
According to Geneva Conventions of 1949 Article 3 or Protocol Additional II
to the Geneva Conventions
It is incorrect to refer to resistance groups as terrorists given their status
as military resistors to foreign occupation in a war of national liberation.
The Kashmiri people first formed military units in the late 1940s to defend
themselves against the maharajahs forces and then the Indian forces and
to prove their right to self- determination. At present there are several
opposition military factions of Kashmiris resisting India of which the
Jammu Kashmir Liberation Front (JKLF) is one of the oldest and widely
supported. Our delegate reports that several other groups also enjoy wide
following. Kashmiri armed militants operate under their own military
commands.
There are some current situations in Kashmir which prove it is armed
conflict so international humanitarian law is applicable there
Armed conflict
It is clear that direct involvement of governmental armed forces and level

of the violation in Kashmir like killing, rape, torture etc. so it is an armed
conflict
Effective control
India has effective control over Kashmir. Which is one of the essential
elements to armed conflict
Great violence
The problem of Kashmir is not a current problem Since the December
1989, the strength of the insurgency in Jammu and Kashmir has
going on . The more prominent of the insurgent groups include Jammu
and Kashmir Liberation Front (JKLF) Hizb-ul-Mujahideen (HUM),
Hizbollah, Harkat-ul- Hizb-ul-Ansar, and Ikhwanul Muslimin so we can say

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11
that the problem of Kashmir is armed conflict and international
humanitarian law is applicable their
Right of self-determination of Kashmir

The United Nations determined many years ago that the Kashmiri people
have the right to self-determination and set up a plan for realizing this
right and resolving what was then a political and military crisis between
India and Pakistan over the disposition of Kashmir but this plan has not
able to be implemented and the Kashmiri right to self-determine is as yet
unrealized. India and Pakistan have continued to fight over Kashmir a fight
that has generated several wars and many military fights between them
now that both India and Pakistan have developed nuclear weapons
capability The Kashmiri people continue to suffer from serious
humanitarian law violations in the course of India military actions against
them
In the three years since the conflict began, more than 6,000 persons have been
killed in Kashmir by all sides and some 15,000 detained. In 1992 alone, some
2,000 were reported to have been killed -- most of them civilians 12
In October 1992 Physicians for Human Rights (PHR) team travelled

throughout the Kashmir and they interviewed 45 health professionals
including doctors, residents, medical students, ambulance drivers and
other medical staff... During visits to three of the major hospitals he
interviewed, examined and reviewed medical documents of twenty
patients who had been tortured or had suffered injuries as a result of
indiscriminate shootings many civilians is being
In last twenty years 93, 714 innocent Kashmiris have been martyred, 1,
07,436 children orphaned, 10, 021 women raped and 6, 989 Kashmiri
have been killed in custody
the violation of Humanitarian law is because of some acts like Armed
Forces Special Powers Acts (AFSPA),
Armed Forces (Special Powers) Acts (AFSPA) are Acts of the Parliament of
India that gives special powers to the Indian Armed Forces in disturbed
areas the act was passed on 11 September 1958 and become the cause
of more violation of international humanitarian law in Kashmir
12 THE CRACKDOWN IN KASHMIR Torture of Detainees and Assaults on the Medical

Community Embargoed for Release February 28, 1993 page num1

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12
CASE STUDY OF KASHMIR)
Under this Act, all security forces are given unrestricted and (A
unaccounted
power to carry out their operations, once an area is declared disturbed. Even a
non-commissioned officer is granted the right to shoot 13
The enforcement of the AFSPA has resulted in numerous incidents of

killing torture, rape, disappearance these violation of international
humanitarian law like killing rape of Kashmiri women unnecessary armed
attacks against the civilian population of Kashmir these all are the
elements of internal armed conflict, as well as it amount to the grave
breach of the Geneva Convention 1949. Hence, the people of Kashmir are
in dire need of help. The country is in ruins, there is need to take action by
the United Nations for the protection of innocent people. Besides that,
India signed the ICCPR in 1978; taking on the responsibility of securing the
rights guaranteed by the Covenant to all its citizens, but the greatest
outrage of the provisions of AFSPA under both Indian and International law
is the violation of the right to life
INTERNAIONAL
KASHMIR
HUMANITARIAN
LAW
IN
The international humanitarian law prohibit torture under any

circumstances. According to
Article 5 of the Universal Declaration of Human Rights states "No one may be
subjected to torture or to cruel, inhuman or degrading treatment or
punishment."14
The ICCPR ban torture

India was also the part of Geneva Conventions of 2 October 1949
according to article 3 prohibits torture in situations of internal armed
conflict and give protection also
Article 3
In the case of armed conflict each Party to the conflict shall be bound to apply the following rules
1) Persons taking no taking part in the hostilities including members of armed forces who
do not fighting the hors de combat sick wounds or any other cause treated humanely
without any difference on race, colour, religion or faith, sex, birth or wealth, or any other
reason
13 Online International Interdisciplinary Research Journal, {Bi-Monthly}, ISSN2249-9598,
Volume-IV, Issue-I, Jan-Feb 2014 International Humanitarian Law in India: A Critical Case
StudyAnita Yadav, Amit Yadav page num 409
14 U.N. General Assembly resolution 217 A (III) of December 10, 1948


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13
1) The wounded and sick shall be collected and cared by International Committee
of the Red Cross which give them services to the Parties to the conflict.
SO India must have to obey the international humanitarian law
ICRC AND KASHMIR

The International Committee of the Red Cross and the Government of
India signed a Memorandum of Understanding in New Delhi on 22 June
1995, which allows the ICRC access to all persons arrested and detained
Jammu and Kashmir. The purpose of ICRC visits is to monitor the
conditions of detention and treatment of detainees. These visits also
help to restore contact between the person their families The ICRC's
findings and reports are transmit this report only to the authorities In
March 1994 first time ICRC had invited to assess humanitarian needs in
the State of Jammu and Kashmir
ICRC deliver relief material to hospital, flood affected in J&K
VOILATION OF HUMANITERIAN LAW IN KASHMIR

Indian army violating the humanitarian law against Kashmiri Muslims
particularly after 1990 which include disappearances, torture, rape and
mass killing
In 2010 according to the report of dawn news ICRC accuses India of
condoning torture in Kashmir

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14
ICRC staff made 177 visits to detention centres in J&K between 2002-2004,
(A CASE meeting
STUDY OF KASHMIR)
with 1491 detainees, 1296 of which were private interviews. considered this group a
representative sample of detainees in Kashmir, but stressed that they had not been
allowed access to all detainees. In 852 cases, detainees reported what ICRC refers
to as "IT" (ill-treatment) 171 persons were beaten, the remaining 681 subjected to
one or more of six forms of torture: electricity (498 cases), suspension from ceiling
(381), "roller" (a round metal object put on the thighs of sitting person, which prison
personnel then sit on, crushing muscles -- 294); stretching (legs split 180 degrees -181), water (various forms -- 234), or sexual (302). Numbers add up to more than
681, as many detainees were subjected to more than one form of IT. ICRC stressed
15
that all the branches of the security forces used these forms of IT and torture .
There have been repeated cases of violation of the Geneva Convention

and international humanitarian law in Jammu and Kashmir Indian
security forces have continuously violating humanitarian law, and do
not follow its provisions regarding treatment of prisoners-of-war
civilian protection women protection children protection Rape
continues against the Kashmiri people India is not making any
difference between civilian and combatant
Deaths
In its 1996-1997 report, the NHRC [National Human Rights Commission] stated that
1,375 armed forces personnel had been killed and 2,237 injured in Jammu and
Kashmir between January 1, 1988 and April 30, 1997.16
In 1997 the totals were 918 civilians, 189 security force personnel and 1,114
militants, according to reliable press reports.
According to the Kashmiri-Canadian Council, 47,455 Kashmiris have died since
October 1989.
And 47,000 people dead July 2009
15 ICRC accuses India of condoning torture in Kashmir WikiLeaks PUBLISHED DEC

17, 2010 05:40AM DAWN http://www.dawn.com/news/591758/icrc-accuses-india-ofcondoning-torture-in-kashmir-wikileaks
16 United States Department of State, U.S. Department of State Country Report on
Human Rights Practices 1998 - India, 26 February 1999
http://www.refworld.org/docid/3ae6aa7d8.html

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15
Disappearances
In 1990 some 700 to 800 people have disappeared
PARVEENA founder of Association of Parents of Disappeared People APDP
is a union of the relatives of victims of enforced disappearance in Jammu
and Kashmir states that
Over 8,000 Men Disappeared in Kashmir Since 1989Kashmir women protest, demanding
information and responsibility for missing husbands and children, who were
disappeared by rebels or by the Indian security forces and presumably killed17
The number of men disappeared have been so many to have a new term
"half-widows" for their wives These are believed to be dumped in
thousands of mass graves across Kashmir.
Prisoner of war
Indian forces do not comply at all with humanitarian law provisions
regarding treatment of prisoners of war. There are no publicly
acknowledged prisoner of war camps No human rights investigator has
ever found a prisoners of war camp International monitoring in this area is
found However Indian forces are able to capture some opposition
combatants and these prisoners of war are tortured and killed in violation
of the Geneva Conventions and customary standards.
17http://therealnews.com/t2/index.php?
option=com_content&task=view&id=31&Itemid=74&jumival=10359

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16
Rape of Kashmiri women
A small community in the Kashmir Valley becomes known as the Rape Village after the events of Feb
23rd, 1991. The 36 women who were mass raped that night, allegedly by Indian security forces 18
In January 1994 More than 200 such rapes in Doda and the valley In some
of during the same period 5 women were found dead after dying under
rape. Rape continues to be a major violation of international humanitarian
law against Kashmiri people.
According to the Kashmiri-Canadian Council, 6,300 Kashmiri women have
been raped but there is no proper figure here how many girls had being
rape
In April 2002, authorities in Indian-administered Kashmir arrested three Indian
paramilitary soldiers following the gang rape of 17-year-old girl 19
An investigation by the Jammu and Kashmir state human rights

commission has found 2730 bodies in unmarked graves and 574 of these
were identified as local people however no details were found as to
whether the rapes were by security forces militants or part of crime
Attack on hospitals
Kashmiris are facing the attack of forces on hospitals and doctors recently
in MAY 2015 The doctor body called upon all the doctors across J-K to wear
black bands to protest against continued violence against medical
professionals
18 http://www.kashmirfilm.com Sponsor: Muslim Student Awareness Network
Wednesday, February 23, 2005. 7:30 PM
19 Friday, 19 April, 2002, 17:33 GMT 18:33 UK Kashmir troops held after rape BBC NEWS
http://news.bbc.co.uk/2/hi/world/south_asia/1940088.stm

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17
Doctors Association Kashmir (DAK) said in a statement, Doctors are(A
taken
asSTUDY
a soft OF KASHMIR)
CASE
target and are being repeatedly assaulted across the state for no fault. 20
Attack on civilians
Unofficial estimates are well over 60,000-half of them are civilians A
number of homes have been damaged and it is the violation of
humanitarian law by Indian forces in Kashmir
20 Doctor Body Calls For Black Band Protest Against Medical Violence | Kashmir
Life

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18
Conclusion
International humanitarian law is the law which is applicable at the time of
am conflict to save humanity the there are many institution which are
working for international humanitarian law like ICRC but as we can say law
is always is only in documents and not truly implemented so same in the
condition of Kashmir civilian has being targeting in Kashmir thousands of
rape death disappearance are going on in Kashmir in my point of view the
laws are always just made but not implemented properly there is need to
establish World humanitarian law Court to enforce the law and make is
applicable and implemented There is a need of proper implementation
machinery at international level
and make the demand from the
Government of India to take immediate step to put a stop to the
violations of international humanitarian law in Kashmir.

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19
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India-Pakistan
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of War. Geneva, 12 August 1949.
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6482d86146898c125641e004aa3c5
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http://www.croix-rouge.lu/en/le-droit-international-humanitaire/

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20
(A CASE
STUDY OF KASHMIR)
Doctor Body Calls for Black Band Protest Against Medical
Violence
| Kashmir Life Posted on: Monday, May 25th, 2015
Friday, 19 April, 2002, 17:33 GMT 18:33 UK Kashmir troops held

after
rape
BBC
NEWS
http://news.bbc.co.uk/2/hi/world/south_asia/1940088.stm
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Dixit http://www.ijmr.net
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PUBLISHED
DEC
17,
2010
05:40AM
DAWN
http://www.dawn.com/news/591758/icrc-accuses-india-of-condoningtorture-in-kashmir-wikileaks
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International humanitarian law International Committee of the Red

Cross 19, avenue de la Paix 1202 Geneva, Switzerland
International Committee of the Red Cross Weapons 30-11-2011

https://www.icrc.org/eng/war-and-law/weapons/overviewweapons.htm

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International Humanitarian law and the law of armed Conflict

COURSE 2012. AUTHOR Antoine A. Bouvier SERIES EDITOR Harvey
J. Langholtz, Ph.D.
Online International Interdisciplinary Research Journal, {Bi-Monthly},
ISSN2249-9598, Volume-IV, Issue-I, Jan-Feb 2014 International
Humanitarian Law in India: A Critical Case Study Anita Yadav, Amit
Yadav
"State data refutes claim of 1 lakh killed in Kashmir". The Times of
India. 20 June 2011
"State Parties", IHFFC.
THE CONTRIBUTION OF INTERNATIONAL BODIES TO THE
DEVELOPMENT
AND
IMPLEMENTATION
OF
INTERNATIONAL
HUMANITARIAN LAW (IHL) CLAUDE EMANUELLI*Professor, Faculty of
Law, University of Ottawa, Canada.
THE CRACKDOWN IN KASHMIR Torture of Detainees and Assaults on
the Medical Community Embargoed for Release February 28, 1993
Physicians for Human Rights & Asia Watch A Division of Human
Rights Watch Copyright (c) 1993 by Physicians for Human Rights
and Human Rights Watch. All rights reserved. Printed in the United
States of America
The Geneva Conventions of 1949, August 12, 1949, Geneva
U.N. General Assembly resolution 217 A (III) of December 10, 1948
United Nations human right office of high Commissioner Framework
for Communications - V
http://www.ohchr.org/EN/Issues/FreedomReligion/Pages/IstandardsV1
.aspx
United States Department of State, U.S. Department of State
Country Report on Human Rights Practices 1998 - India, 26 February
1999, available at http://www.refworld.org/docid/3ae6aa7d8.html
Various mechanisms and approaches for implementing international
humanitarian law and protecting and assisting war victims
international review of red cross editor Toni Pfanner Volume 91
Number 874 June 2009

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Ihl and Kashmir

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Ihl and Kashmir

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Mechanism for

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University of Sindh department of international

The prohibition of attacks against those hors de combat

The prohibition of unnecessary suffering 4

The principle of proportionality 5

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INTERNATIONAL HUMANITERIAN LAW IN KASHMIR..12

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Mechanism for implementation

(A CASE STUDY OF KASHMIR)

Its primarily the duty of states to respect international humanitarian law

International Humanitarian Law have the following principles

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Mechanism for implementation of International Humanitarian law

1. MAKE DIFFERENCE BETWEEN CIVILIANS AND

2. The prohibition of attacks against those hors

3. The prohibition of unnecessary suffering

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4. The principle of proportionality

5-The principle of humanity

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HOW IS IHL IMPLEMENTED?

Spreading knowledge of International humanitarian law in both civilians

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The protecting parties have two roles

International humanitarian law to seek reparations directly from the state

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Persons affected by armed conflict about the missing, sick, wounded

The International Fact-Finding Commission

Physician for human rights (PHR)

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The Data released in 2011 by Jammu and Kashmir government against

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THE KASHMIR WAR AND HUMANITARIAN LAW

It is clear that direct involvement of governmental armed forces and level

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Right of self-determination of Kashmir

In October 1992 Physicians for Human Rights (PHR) team travelled

12 THE CRACKDOWN IN KASHMIR Torture of Detainees and Assaults on the Medical

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The enforcement of the AFSPA has resulted in numerous incidents of

The international humanitarian law prohibit torture under any

The ICCPR ban torture

14 U.N. General Assembly resolution 217 A (III) of December 10, 1948

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ICRC AND KASHMIR

ICRC deliver relief material to hospital, flood affected in J&K

VOILATION OF HUMANITERIAN LAW IN KASHMIR

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There have been repeated cases of violation of the Geneva Convention

15 ICRC accuses India of condoning torture in Kashmir WikiLeaks PUBLISHED DEC

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Rape of Kashmiri women

An investigation by the Jammu and Kashmir state human rights

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