An UNfortunate Turn of Violations

In Blog
December 30, 2020
Humda Qamar
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On December 18, Indian troops “specifically targeted” a UN vehicle carrying two officers of the United Nations Military Observer Group in India and Pakistan (UNMOGIP) which was a “new low” in its violations along the Line of Control. The United Nations also confirmed that two UN observers of the UN Military Observers Group in India

On December 18, Indian troops “specifically targeted” a UN vehicle carrying two officers of the United Nations Military Observer Group in India and Pakistan (UNMOGIP) which was a “new low” in its violations along the Line of Control. The United Nations also confirmed that two UN observers of the UN Military Observers Group in India and Pakistan (“UNMOGIP”) were going towards Polas village in Chirikot sector of Azad Jammu and Kashmir to meet the victims of unrelenting ceasefire violations, their vehicle was targeted in an attack by Indian troops. The Images shared by the ISPR showed that bullets had pierced through two of the windows of the UN vehicle, no individual was harmed.

Even though India disagrees to take accountability for its actions, it rejected Pakistan’s allegations regarding Indian forces targeting a UN vehicle and called them “incorrect and false”, and asked Islamabad to “responsibly investigate its lapses”. Retrospective FO spokesperson Zahid Hafeez Chaudhri, brings to light that India plans to undertake a surgical strike to deviate the attention from internal affairs. He states, “Pakistan urges the international community to advise India against any irresponsible act and to desist from any action that would jeopardize regional peace and stability,”.

However, the situation is acknowledged as a grave violation by India under UN Resolution 307 of 1971, where both nations are mandated to provide all United Nation officials with security within India and Pakistan. Furthermore, the brazen act of attacking is constituted as the breaching of established international norms, which is based on the values of peacekeeping and act of violence. India has also disregarded fundamental international principles enshrined in the United Nations Charter.

India is also in breach of International customary law, as mentioned in rule 6 of the customary international humanitarian law volume 1, which clearly states that civilians are not to be attacked unless they take direct part in hostilities. UNMOGIP consists of civilians who obverse the line of control as per resolution 307 of 1971. This raises alarming concerns that the “deliberate targeting” of a UN vehicle by Indian troops, is now being seen as a “new coercive and reckless Indian ploy” to hinder the work of the officials.

For the reason that the UN confirmation regarding the firing contradicts the Indian claim, moreover, the troops were aware and could identify the UN vehicle. Prior to the case, five civilians and a Pakistan Army soldier were martyred in Indian firing from across the restive LoC in several areas of AJK. At least 30 other civilians and five soldiers had also sustained injuries in the ceasefire violations in what was the biggest escalation in hostilities on the de facto border in months.

Breaching of these laws and principles place India in a position of being held accountable for its actions, and recognize what is presumptuous in the United Nations Military Observers Group and the United Nation Charter. Considering this aggression from India constitutes a war crime, India has failed to act upon its obligations to follow the fundamental principles of International law in maintaining peace and security of the region.

Prime Minister Imran Khan has also tweeted, “In complete violation of international law, India’s deliberate firing at LoC on UNMOGIP vehicle, despite clear UN markings & flying blue UN flag, shows India’s total disregard for all international norms of acceptable state behavior & respect for international law & UN. Pakistan strongly condemns this rogue behavior.”

Conclusively, what is observed is that India has been subjected to a violation of many obligations it should have upheld, especially with regards to the United Nations. India’s recent show of aggression and violations of established international norms is an indication that Pakistan may be dealing with an Indian state that is growing hostile and rogue with every passing day.