The Kashmir Dispute: Very Much An International Affair, With Erga Omnes Obligation
Department
School of Government and International Affairs
Document Type
Article
Publication Date
1-2024
Embargo Period
11-26-2024
Abstract
Through an examination of historical documents and official pronouncements of the United Nations, Pakistan, and India, this paper analyzes the historical genesis and evolution of the Kashmir dispute between India and Pakistan and argues that the conflict was and remains an international one, despite India’s claims to the contrary. In that context, India’s unilateral abrogation in 2019 of Article 370 of its Constitution has not only stripped Kashmir of its political autonomy, but has also effectively denied Kashmiris their right to self-determination, in violation of both the Simla Agreement between India and Pakistan, and of the numerous Security Council resolutions issued on the Kashmir dispute. This paper argues that the UN, more specifically the General Assembly, has a responsibility to complete the decolonization of Kashmir and to intervene to ensure that the Kashmiris can fully exercise their right to self-determination, which entails erga omnes obligation.
Journal Title
The Indonesian Journal of International & Comparatitve Law
Journal ISSN
2338-7602
Volume
Volume XI
Issue
1
First Page
29
Last Page
113
Digital Object Identifier (DOI)
n/a