[Reader-list] JKCCS Appeal to United Jehad Council, Indian Army and Police
S. Jabbar
sonia.jabbar at gmail.com
Tue May 4 10:55:46 IST 2010
Bravo! Excellent effort.
> From: Shuddhabrata Sengupta <shuddha at sarai.net>
> Date: Tue, 4 May 2010 10:09:40 +0530
> To: sarai-list list <reader-list at sarai.net>
> Subject: [Reader-list] JKCCS Appeal to United Jehad Council, Indian Army and
> Police
>
> 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 forces¹. Amid the obvious
political simmer, and reported
> prospect of hot summer¹ coupled with
many recent civilian¹ 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
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