From Occupation to Accountability: International Legal Remedies for the Kashmir Crisis

Abstract

This study critically examines the legal status of the Kashmir conflict through the lens of international law, emphasizing the right to self-determination, the role of international legal instruments, and the failure of global institutions, particularly the United Nations, in addressing this prolonged dispute. The research adopts systematic doctrinal legal approach to critically analyze the legal standing of Kashmir dispute under international law. The study intends to develop a legal case in support of the right to self-determination of people of Kashmir and evaluate the degree to which international legal norms have been respected, disregarded or infringed in this context. The study after detailed deliberation concludes that the revocation of Article 370 and ongoing military occupation by India in Jammu and Kashmir violate jus cogens norms, including the Geneva Conventions, the UN Charter, and the Genocide Convention. It not only highlights systemic human rights abuses and alleged crimes against humanity, but also advocates for legal recourse through the International Criminal Court and other judicial bodies. The work underscores that the Kashmir issue should be re-framed as a humanitarian crisis rather than a bilateral or territorial dispute. A forward-looking legal strategy is recommended, urging international judicial intervention to ensure accountability, uphold human dignity, and support the Kashmiri people's inalienable right to self-determination.