[Reader-list] JKCCS Appeal to United Jehad Council, Indian Army and Police

[Shuddhabrata Sengupta]

Dear all,

Please find below and appeal from the Jammu and Kashmir Coalition of  
Civil Society, appealing impartially to the leadership of the United  
Jehad Council (who claim to represent a significant section of the  
insurgents in Jammu and Kashmir) and the leadership political- 
administrative, police, military and paramilitary structures that are  
operational in the part of the state of Jammu and Kashmir  
administered by India. The appeal in a sense asks for guarantees that  
civilians and unarmed people in general will not be targetted by  
either party. I hope that such initiatives gain strength, not only in  
Jammu and Kashmir, but in other parts of our troubled subcontinent.

best

Shuddha
---------------------

3rd May, 2010
Press Release

On Friday 30th April, Jammu and Kashmir Coalition of Civil Society  
(JKCCS) sent an appeal for the observance of International  
Humanitarian Law in Jammu and Kashmir to:

1.      Chief Minister and Chairman of Unified High Command Mr. Omar  
Abdullah,
2.      Chairman United Jehad Council, Mr. Syed Sallahudin,
3.      Core Commander, Northern Command of Indian Army, Lt. Gen BS  
JASWAL
4.      Director General, Jammu and Kashmir Police, Mr. Kuldeep Khoda
5.      I. G.P. CRPF, Mr. P.V.K. Reddy

We as a civil society organisation feel duty-bound to remind the  
state as well as non-state actors of their moral/legal/religious  
obligations in the context of continuing armed conflict, about their  
responsibilities in protecting civilian lives, property and civil  
rights.
JKCCS has requested both state and non-state combatants to consider  
the below attached appeal and make public commitment in this regard  
besides taking necessary safeguards in adhering to the basic  
principles of International Humanitarian Law in Jammu and Kashmir.
So far JKCCS has not received any response from any side regarding  
this appeal. We today are making this appeal public in order to build  
public opinion and solicit public response to our concerns from both  
state and non-state combatants.
We believe the positive response from the state and non-state  
combatants regarding our appeal will go a long way in increasing an  
atmosphere of security for the civilian lives, dignity and property  
in Jammu and Kashmir.

President
Ad. Parvez Imroz

APPEAL FOR THE OBSERVANCE OF INTERNATIONAL HUMANITARIAN LAW IN JAMMU  
AND KASHMIR

As a state, India is signatory to Geneva Conventions and other  
International humanitarian instruments, which regulate conduct of  
combat in all conflict situations wherein tensions heighten to direct  
hostilities among states or between state and certain non-state  
actors/groups.

Being signatory to Geneva Conventions brings in its wake various  
moral/legal checks upon states in their conduct of combat operations  
particularly when the sites of hostilities involve/ and is  
interspersed with huge civilian spaces.

Jammu and Kashmir has been the main site of hostilities particularly  
during the last two decades, between Indian state actors represented  
by its personnel in military/para-military/Police against armed  
militants belonging to various outfits working under an alliance of  
United Jehad Council (UJC).

UJC in the year 2005 adopted and publicized its Code of Conduct which  
was supposed to be binding on all the armed militant organizations  
and their cadres operating in Jammu and Kashmir. This Code of Conduct  
was a unilateral commitment of UJC to abide by some of the basic  
principles of International Humanitarian Law. Later in October 2007  
UJC, while signing the Unilateral Declaration on the Ban of use of  
landmines also reiterated its commitment to abide by all four  
covenants of Geneva Conventions.

State of India, through its signing of various International  
humanitarian instruments and United Jehad Council (also its  
constituents) through their unilateral declarations, Code of Conduct  
and various public statements have been reiterating their position  
vis-à-vis the loss of civilian lives and property and talking about  
their mechanisms for ensuring protection of civilian life and property.

However, commitments made by the state of India, besides her  
promises, from time to time has seen very little or no enforcement on  
ground during the heightened phase of conflict for the last two  
decades particularly with respect to the treatment meted out to  
civilian population. Despite all the public commitments people of  
Jammu and Kashmir continue to witness loss of civilian lives,  
destruction of their property and denial of civil and political rights.

Also, the promises of non-state actors/organizations/groups hold  
little water in terms of their realization on ground. Civilian spaces  
continue to remain a contested site of direct hostilities between non- 
state and the state actors, which result in loss of precious lives,  
torture and humiliation of civilian populations.

There have been consistent media reports streaming in for the last  
few months about ‘some looming prospect of escalation in the direct  
hostilities between the state and non-state forces’. Amid the obvious  
political simmer, and reported ‘prospect of hot summer’ coupled with  
many recent ‘civilian’ killings, we as a civil society organisation  
feel duty-bound to remind the state as well as non-state actors of  
their moral/legal/religious obligations towards people.

We would like to remind the State of India and the leadership of  
United Jehad Council in the context of continuing armed conflict,  
about their responsibilities in protecting civilian lives, property  
and civil rights.

We call upon all the combatants whether state or non-state to abide  
by the following minimum and basic principles derived from  
International Humanitarian Law and other universally accepted  
principles:

		During operations combatants must not target civilian objects,  
civilians and those not directly participating in armed hostilities.[1]

		During military operations, constant care must be taken to spare  
civilian population, civilians and civilian objects.[2]

		In order to avoid civilian casualties, military installations in  
and around population centers must not be created. Attacks against  
such military objectives which are expected to cause disproportionate  
civilian casualties and damage must not be launched.[3]

		During and after the combat operations wounded and sick must be  
collected and cared for.[4]

		Civilians must not be taken hostage for any reason or/and in any  
circumstances.[5]

		During operations when enemy fighters are taken prisoners, they  
must be treated humanely; they must not be tortured, killed or  
disappeared in custody.[6]

		The dead must be respected and their bodies not mutilated. When  
mortal remains are unidentified, every effort must be made to  
preserve evidence that could lead to their eventual identification.  
Graves should be marked. Where the identity of a dead person is known  
(whether friend or enemy), next of the kin should be promptly  
informed.[7]

		Ambulances, medical personnel and fire fighting personnel who take  
no active part in hostilities must not be attacked, nor obstructed  
from performing their humanitarian duties.[8]

		Places of worship and those taking refuge in them must not be  
attacked in any circumstances.[9]

		Minorities, women, children, older people and disabled should  
always be respected and no attempts should be made to infringe upon  
their rights, dignity and safety.[10]

		Vehicles and buildings bearing emblems of the Red Cross and the Red  
Crescent should be respected. These emblems must not be used to  
deceive enemy during hostilities. [11]


[1] See article 3 common to the four Geneva Conventions of 1949. See  
also articles 48 and 51.2 of Additional Protocol I of 1977. See also  
Al-Quran 2:190
[2] See article 57.1 of Additional Protocol I of 1977.
[3] See article 51.4, 51.5 (b) and 57.2 (a) iii of additional  
protocol I of 1977.
[4] See article 3 common to the four Geneva Conventions of 1949.
[5] See articles 3 common to the four Geneva Conventions of 1949.
[6] See article 3 common to the four Geneva Conventions of 1949. See  
Also article 13 and 17 of Geneva Convention III of 1949. Also see Al- 
Quran 76:8
[7] See article 17 of Geneva Convention I of 1949 and article 34 of  
Additional Protocol I.
[8] See articles 12-18 of Additional Protocol I of 1977.
[9]See  Hadith,
[10] See Hadith (Muslim Book 019, Number 4320)
[11] See articles 37, 38 and 85.3 (f) of Additional Protocol I of 1977.



Shuddhabrata Sengupta
The Sarai Programme at CSDS
shuddha at sarai.net
www.sarai.net
www.raqsmediacollective.net