ICJ verdict and ‘third party’ Indo-Pak dispute resolution

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By Ijaz Awan

Pakistan and India have fought four major wars to date. These wars have had devastating consequences and resulted in major losses of valuable human lives. These wars have also negatively affected both the economies and deprived the youth of opportunities for further growth.

Unfortunately, trivial domestic politics and jargon have left over a billion and a half people at the mercy of non-visionary decision-makers in the past. Moreover, Kashmir and the Siachen Glacier have led to wars that have killed scores of soldiers and civilians on both the side.

However, the BJP Leadership, under PM Modi, has kept its brinkmanship towards Pakistan and Kashmir intact! Oppressed youth in Kashmir are being forced to join militant groups to fight the Indian forces’ oppression. Moreover, accusations and counter-accusations by both sides are only widening the schism between India and Pakistan.

If solutions to these disputes are not found on time, the region could very well experience a nuclear conflict. The Simla Agreement, which was inked under coercive conditions, did neither serve the purpose of dispute resolution between both the countries nor did it stop India from the occupation of Siachen Glacier. With tensions still existing, people from both Indian and Pakistan are still in search of peace, prosperity, better education and healthcare.

The UN Security Council has also remained indifferent on the Kashmir dispute; for which a way forward is enshrined in its previous resolutions. The UN should, therefore, not wait for a disaster of major magnitude and play its part in settling this dispute amicably.

Recently, both India and Pakistan approached a ‘third party’, the International Court of Justice (ICJ), for the settlement of a dispute involving ‘jurisdiction’ and ‘consular access’ to an Indian citizen involved in espionage, subversion and sabotage activities in Pakistan.

Apparently, both the parties got what they wanted. Both celebrated the decision as a ‘victory’.

However, I invite the attention of two non-conventional thinkers leading their countries; PM Modi and PM Imran Khan. The two PMs in power need to learn from this experience and take such third party mechanisms as key to the bilateral dispute resolution. I am hopeful that the solution lies there and both shall be able to rid the region of hate and deliver on their promise of growth and prosperity.

People of India and Pakistan have been ‘used and abused’ by their rulers for far too long. Millions of unfortunate inhabitants of this region deserve a better life. Bilateral disputes and lack of vision on the part the rulers towards dispute resolutions have only added to the peoples’ misery.

I appeal to both the leaders to listen to the hue and cry of starving and jobless citizens before it is too late!

All bilateral disputes are ‘man-made’ and can surely be resolved through ‘third party’ intervention invoking international conventions. The ICJ decision is the best case in point in this regard. If the UN also follows suit and enforces its resolutions on Kashmir, it will not only bring peace but also prosperity to the region. Moreover, international concerns on nuclear insecurity can also then be addressed, leading towards a path that could enable the signing of the non-proliferation treaty.

The author, Major Gen. Ijaz Hussain Awan, is a retired military officer, former ambassador and a security and defence analyst.