Palestine, Jammu and Kashmir: Both are suffering with same type of issues
The two situations, one is Occupied Palestinian Territory and other is Indian-administered Jammu and Kashmir have many similarities. In both situations, there are serious violations of international laws. It is about deciding people to be their own leader and to live freely. The second one is the rule that land cannot be taken by force.
On July 19, 2024, the International Court of Justice clearly highlighted that Israel’s occupation of Palestine territories is illegal. The Court of Justice said that Israel’s occupation of the West Bank, East Jerusalem, and Gaza since 1967, along with its efforts to keep control through settlements and security policies, breaks these rules. The Court also stated that people who live in Palestine have the right to self-determination. This is according to international law and the UN resolutions.
These findings also apply to the situation in Indian-administered Jammu and Kashmir. The right to self-determination in Kashmir is based on international law, the same principle that led to India’s independence, and on United Nations resolutions that say the people of Jammu and Kashmir should decide their future through a free and fair vote supervised by the United Nations.
People living in Palestine and Kashmir faced the serious issues of self-determination. In the case of Palestine there is no clear path that decides how this nation copes up with the comp-lexirty of self-determination. So, it’s the duty of the United Nations General Assembly or the Security Council to decide what to do? The only solution is to form a separate Palestinian state. While in the case of Jammu and Kashmir, the UN Security Council already made a plan to overcome the issues of self-determination.
The International Court of Justice has highlighted that Israel’s action in Palestinian territories, like changing the laws and demographics in East Jerusalem, the West Bank, and Gaza, go against international rules that forbid taking land by force. Same is for Jammu and Kashmir. The indian’s government wanted to occupy the Kashmir territories and it also broke international laws. These actions clearly highlight that Israel and India both stand against the clear instruction of the United Nation Security Council. So, all of these actions are illegal.
Moreover, India’s efforts to control the Kashmiri people through force, similar to Israel’s actions in Palestine, are serious violations of international humanitarian and human rights laws. These violations by India have been well-documented and need to be addressed.
The Indian government wants to change the Muslim Community of Kashmir with the Indian Community. This clearly violates the international laws and also United Nations resolutions.
By giving over 4.2 million domicile certificates to non-Kashmiris, seizing land, and allowing non-Kashmiris to buy property and vote, India is violating the rights of the Kashmiri people. The ICJ rules that the same action is carried out by Israel that is illegal. So both Palestine and Kashmir are faced with the same type of complexities.
According to ICJ, it is the serious issues that people of these regions are suffering from self-determination problems. The Indian government imposed their own laws in Jammu and Kashmir. This action is also illegal.
Additionally, the exploitation of Jammu and Kashmir’s resources by India, like hydro-power projects that benefit India, violates the rights of the Kashmiri people.
The ICJ’s findings suggest that all regions under occupation should be treated equally, and India’s actions in Jammu and Kashmir are illegal on multiple levels. This situation highlights the responsibility of the international community to address these violations.
Additionally, the court also announced that it is good for Israel to stop making changes in the occupied territories. It includes halting new settlements, and returning what it has taken from Palestinians, like homes and land. The same actions are committed by the Indian government in Jammu and Kashmir. It includes, returning properties, allowing refugees to come back, and compensate for damage from illegal actions and killings. The United Nation will not accept such actions. Also Israel should end its presence in Palestine territories and end the Gaza war.
Similarly, the UN should also address issues in Jammu and Kashmir by enforcing its resolutions and reversing India’s actions since August 5, 2019, which are seen as attempts to annex and divide the region. Both Palestine and Jammu and Kashmir have connected struggles, and while achieving justice may take time, international law supports their rights, and justice should eventually prevail.
