On August 5, 2019, India attempted to unlawfully annex the occupied territory of Jammu and Kashmir by abrogating Article 370, a constitutional provision which accorded a special status to the state. Since then, the Conflict Law Centre at RSIL has been publishing legal opinions and articles on India’s actions in the region. We have produced a memoranda which lays out our legal analysis of the situation as one of occupation which has become an annexation. We have also looked at whether a siege existed shortly after the abrogation when the region was physically, socially, and electronically isolated. India’s obligations to its occupied peoples under the law applicable to pandemics, to burial rites, and to residents’ private property have also been written about. In light of the forthcoming delimitation for elections being undertaken by the Indian government, we hope that these legal briefs act as a call to action for the international community to uphold the sanctity of international law as a legal and moral obligation.

The Unlawful Annexation of Jammu & Kashmir

Since the events of 5th August 2019, RSIL has redoubled its efforts to clarify and expound upon the legal, human rights, and humanitarian law aspects of the Kashmir issue.

The Status of Jammu & Kashmir Under International Law: The Law of Occupation and Illegal Annexation

RSIL’s ‘Legal Memorandum on the Status of Jammu & Kashmir under International Law’ explains how the Indian State was an ‘Occupying Power’ over territory under its effective control under International Law, and discusses the IHL obligations on India as an Occupying Power.

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Kashmir Under Siege?

 

This article is an addendum to our previous legal memorandum on the Kashmir conflict in which we conclude that the valley has been occupied and unlawfully annexed by India. This article is intended to be read in conjunction with our broader research on the conflict.

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India Criticizes India

 

A compilation of legal articles by Indian scholars and constitutional experts which highlight the blatant violations of the Indian Constitution committed by the BJP Government when removing Jammu & Kashmir’s special status.

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Commentaries