ASIF MAHMOOD
The way Yasin Malik is convicted by the Indian court is another manifestation of the brutality and atrocities India is committing since long.
The fact is not denying that every brutality brings the Kashmir dispute in the lime light. This is what we call blessing in disguise. Kashmir , for all practical purposes , is now an International issue. It has been discussed at one of the most august and prestigious forum of the world i.e. the Security Council.
However as a concerned citizen I think that every Pakistani must understand the international perspective of this dispute. Some students are asking which book they should read to understand the dispute in legal perspective, especially in the perspective of International law.
Much has been written on this subject however the best one is authored by Dr Ijaz Hussain. His book titled ‘ Kashmir dispute : an international law perspective’ is undoubtedly the best one on this issue. If you want to understand the actual position of Kashmir dispute under international law you must go through this book at the earliest. However I am not sure whether it is available in the market or not. It was published by Quaid e Azam university in 1998 and after 20 years of its publication this is still the best one on this issue.
You can find the answer of following questions in this book:
Is Kashmir a disputed territory?
Is Kashmir’s accession to India final and irrevocable?
Does Pakistan have a locus standi in Kashmir?
Were Lord Mountbatten and Nehru’s Statements on “ Reference to the people” political?
Was Kashmir obliged to accede to Pakistan because of the standstill agreement? Was Kashmir’s accession to India obtained under coercion?
Did the Maharaja have the capacity to accede while in flight?
Are the UN resolution nonbinding?
Are the UN resolutions invalidated by the Simla agreement?
Are the UN resolutions dead?
What are the legal consequences of the possible deletion of the item on Kashmir from the agenda of the Security Council? Did Pakistan refuse to withdraw her troops from Kashmir?
Was force used by Pakistan to obtain the Indian pledge of plebiscite? Did Pakistan commit aggression through tribesmen and regular troops? This book must be included in the national curriculum.