Legal Memorandum | The Status of Jammu & Kashmir under International Law

State of India is an Occupying Power in Jammu & Kashmir and through its actions of 5 August 2019, has attempted to unlawfully annex this territory without any recourse to the will of the people of Jammu & Kashmir. Based on an analysis of the applicable law, this memorandum sets out in broad strokes, the main legal implications of India’s occupation and unlawful annexation.

Statement on the Situation in Kashmir by the Conflict Law Centre at RSIL

India’s right-wing BJP government had long threatened to revoke articles of the Indian constitution granting Jammu and Kashmir special status within the country. Article 370, which had been the basis upon which the Princely State had acceded to India, ensured the state a certain degree of autonomy, with its own constitution, flag and independence over all matters except defence, foreign affairs, and communications.