This Article is written by Sunaina of 6th Semester from Panjab University, Department of LAW, Chandigarh, Punjab
Abstract; The taking part of the United Nations Security Council (UNSC) in the Kashmir divergence has been a essential aspect of the international efforts to lecture to the longstanding disagreement between India and Pakistan. The historical environment of the conflict, coupled with the diverging point of view of major powers, has wrought the dynamics of the condition in the section. Here are key elements to judge in the examination of the international connection in the Kashmir argument: UNSC Resolutions, Impact on Conflict Resolution, Perspectives of Major Powers, and Consideration of Local Context.
Keywords; Involvement, powers, conflicts, dispute, resolution.
Introduction: The Security Council has a determinant role in the Kashmir conflict and the resolution between India and Pakistan. With resolutions and interventions, the Security Council works towards maintaining international peace and security by promoting dialogue and negotiation as primary means of dealing with disputes. Additionally, the Security Council urges all parties participating in the Kashmir conflict to follow international law and norms regarding human rights, which ensures openness and responsibility in resolving matters. Using close surveillance of the situation in Kashmir and interactions with relevant partners, the Security Council aims to reduce tensions, prevent violence escalation, and peacefully resolve a conflict between Kashmir. This participation is necessary to achieve a just and equitable outcome that addresses the dreams and rights of persons in Kashmir. Also, the Security Council can also impose sanctions or other measures on countries that do not follow its resolutions concerning the Kashmir issue. The Security Council’s engagement in the Kashmir dispute highlights the global community’s attention to this long-standing conflict and commitment to sustaining peace and tranquillity in the region. The Security Council’s role in the Kashmir conflict has several dimensions focused on peace, diplomacy, and respect for international law.
Examining International Involvement in Kashmir: The Kashmir conflict is also a political dispute concerning the area of Kashmir, situated on the northern side from Indian subcontinent. The conflict has territorial disagreement between India, Pakistan and to a smaller extent China. The problem can be traced back to the partition of British India in 1947 that resulted to separation of India and Pakistan as independent states.
Here is an examination of international involvement in the Kashmir conflict:
India and Pakistan: The major belligerents in the war are India and Pakistan. Jammu and Kashmir as a whole is claimed to have been in the domain of each of the two nations, but they occupy different portions. The LoC separates the region between India (Jammu and Kashmir) and Pakistan (Azad Jammu and Kashmir, Gilgit-Baltistan).
United Nations: As early as its formative days, the UN has played a role in the Kashmir conflict. In 1949, the United Nations agreed to a ceasefire that brought about the Line of Control. The UN also passed a number of resolutions demanding plebiscite to give people in Kashmir the opportunity to decide on their future. But these resolutions have not been carried out, and the problem remains unaddressed.
China: China also takes part in the conflict for Kashmir because it owns Aksai Chin, a northeastern portion of the territory. India has a territorial dispute with China over Aksai Chin, and this remains an area of contention between these two nations. The Line of Actual Control (LAC) is the de facto border between Indian-administered Kashmir and Aksai Chin, as they are administered by China.
International Community: The Kashmir conflict has received a response from an array of countries and global bodies which have encouraged dialogue between the two states to resolve the problem in a non-violent manner. But no agreement could be reached concerning the solution of the problem.
The Dynamics of the Kashmir Dispute: Kashmir conflict has been characterized by complicated and sensitive dynamics that promise serious regional and international consequences. The Pakistani-India conflict over the region has been raging for more than seventy years with many interested parties and impact from historical, geopolitical, socio-economic factors.
The origins of the Kashmir conflict go back to the division of British India in 1947, which resulted in the emergence of independent states such as India and Pakistan. The Muslim-majority princely state of Jammu and Kashmir became a matter of bone contention between the two nations. The dispute has been defined by the involvement of India, Pakistan, and even people from the region in most part as competing interests and claims have created a protracted nature to this conflict.
Key concerns and controversies concerning the Kashmir dispute are based on the historical framework of accession, conflicting territorial claims, human rights violations, LoC’s implications, and external actors intervention in the conflict. These issues have conditioned the nature of the dispute, thus making it intricate and fragile.
Indeed, the current geopolitical consequences of the situation with Kashmir have now become global due to large powers’ involvement and the strategic value of this region. The conflict has become a matter of global interest as many world powers like the USA, China and Russia have joined this issue. Its position in the middle of three nuclear-armed nations, Pakistan, India and China make Kashmir an important strategic resource. It is also a vital part of the Indus River system which is crucial to Pakistani agriculture.
UN Interventions in the Kashmir Issue: Since the independence and partition of British India into Pakistan and India in 1947, the United Nations has actively addressed Kashmir. Peace and order in Kashmir region has been maintained under UN’s advisory capacity with the issuance of 58 UNSC resolutions related to the dispute. The international organization supported a referendum under the guise of national self-determination, but after war in 1971 between India and Pakistan that demanded bilateral solution between two nations was abandoned.
However, the Kashmir conflict remains unresolved notwithstanding the role of UN nations. However, the Security Council with regard to the UN has talked about the issue several times without a specific resolution or statement. The issue is nowhere near a closure and the region of Kashmir remains a battleground between India and Pakistan.
India and Pakistan, the two involved parties, reacted to UN interventions dissimilarly. Initially, India wished the UN to intervene but, later on, rejected the idea of a plebiscite stating that accession of this region was legitimate and Kashmir issue was an internal matter between two countries. In contrast, Pakistan welcomed the UN’s role and the proposal of a plebiscite in Kashmir to attract international support for the enforcement of UN resolutions and persistently raising this issue before various international audiences.
At the present moment, an institutional representative has been provided to the contested region by the UN Security Council. The UN Military Observer Group in Indian and Pakistan (UNMOGIP) monitors and reports ceasefire violations. The UN Secretary General has voiced his concern regarding the situation in Jammu and Kashmir and demanded utmost restraint. But despite the presence of the UN, no solution to the conflict has been reached, and it is still unresolved.
Global Powers and the Kashmir Conflict: Global powers are interested because of the conflict’s geopolitical position, its potential to trigger regional instability, and the nuclear capacities of India and Pakistan. Here’s an overview of the involvement and perspectives of some key global powers in the Kashmir conflict:
United States: India, and to a lesser extent Pakistan, has always had a favorable relationship with the United States. However, the United States has also stressed the need for a dialogue between India and Pakistan in order to resolve this Kashmir problem amicably.
The U.S. has also pointed out human rights infringements in the region thereby requesting all sides to demonstrate moderation. Its approach, however complex to ensure diplomatic ties with both countries.
China:
China has its own territorial issues with the country of India, including in the Aksai Chin region. The China-Pakistan Economic Corridor (CPEC), the large infrastructure project, runs through Pakistan administered Kashmir and therefore involves China in this region.
On the one hand, China has overall advocated peaceful settlement of the Kashmir issue; but on the other, it has also supported Pakistan’s view on this subject.
Russia:
Russia had very close links with India and they worked together on some geopolitical issues. Russia has highlighted the importance of finding a bilateral solution to the Kashmir dispute through talks between India and Pakistan.
European Union (EU):
India and Pakistan have been encouraged by the European Union to hold talks and resolve the Kashmir issue peacefully. It has also voiced concerns about human rights abuses in the region.
The EU’s participation is usually in collaboration with the international community and multilateral bodies.
United Nations(UN):
The United Nations has engaged in resolving the Kashmir problem from its childhood stage. UN resolutions demanded a plebiscite to enable the Kashmiris determine their destiny.
However, the implementation of these resolutions has been stalled, and the UN’s direct involvement has diminished over time.
International Organizations:
Various international organizations, including the Organization of Islamic Cooperation (OIC), have addressed the Kashmir issue, expressing concerns about human rights violations and calling for a peaceful resolution.
However, the effectiveness of international organizations in influencing the dynamics of the conflict has been limited.
Challenges to Peacekeeping in Kashmir: Peacekeeping in Kashmir is fraught with numerous interwoven factors that are multidimensional, historical, geopolitical, socio-economic, and human rights based. These obstacles form the complex and sensitive nature of conflict that requires effective peacekeeping in order to move toward sustainable peace and stability in this part of the world.
Historical Factors:
Partition of British India: Indeed, the problems that were left unresolved after partition of British India in 1947 have played a significant role in shaping the nature of the Kashmir conflict. The emergence of India and Pakistan as separate countries led to the princely state of Jammu and Kashmir becoming a dispute between the two nations.
Accession to India: Historical backdrop of the area joining India is a reason for debate as it has generated conflicting territorial claims which have contributed to current state offences.
Human Rights Violations: The reports of human rights abuses and the history of such violations in the area have made peacekeeping attempts tricky.
Role of External Actors: In addition to that, engagement of such global powers as the USA, China and Russia has made Kashmir an international issue with regard to the peacekeeping dynamics.
Geopolitical Factors: The disagreement between India and Pakistan over the region is yet to be resolved, which brings in tension and security concerns. The fact that there are external actors involved and the strategic importance of the region, coupled with nuclear powers also present a challenge in keeping peace in Asia.
Socio-Economic Factors:
Resource Competition: The scarcity of resources and economic opportunities within the region leads to competition and conflict over land, water, natural resources, etc., resulting in tensions.
Unemployment and Poverty: Unemployment and poverty are high and social unrest may be ignited, generating grievances that only serve to sustain the conflict compounding peacekeeping activities.
Impact on Livelihoods: The effects of the conflict have negatively impacted people’s livelihoods that affected agriculture, trade, and any other activity negatively introducing instability making it difficult for peacekeeping operations.
Human Rights Violations: Human rights violations in Kashmir that took place specifically in form of arbitrary detention, deployment of excessive force on protesters, alleged sexual violence and limitations regarding freedom of expression have an effect on the success rate of
Peacekeeping missions.
Implications of Major Power Involvement: Involvement of main players turns Kashmir issue into global problem that can cause further tension in geopolitics, pose challenges to peacekeeping operation and affect direction or resolutions during talk’s peace.
These problems need to be understood and tackled if there are any chances of successful peacekeeping in Kashmir. Through examining the historical, geopolitical, socio-economic and human rights roots of the conflict, peacekeeping initiatives can better deal with the underlying causes of that conflict and move towards sustainable peace and development in the region.
Conclusion: Strategies for International Conflict Resolution in Kashmir
International Conflict resolution in Kashmir is a multi-layered approach, involving the integration of historical, geo-political and socio-economic perspectives. Various strategies have been proposed over the years to address the enduring conflict in the region:
Focus on self-determination: Self-determination for the people of Kashmir, therefore, has long been recognized by the international community. This method reflects the concerns of Kashmiri people and attempts to meet their wishes for freedom.
Support for a plebiscite under the pretext of national self-determination: The United Nations suggested to conduct a plebiscite where the people of Kashmir could decide about their future, due to the necessity to respect their right for self-determination.
Encouragement of free mobility across the Line of Control: Freedom of movement across the Line of Control has been proposed as a confidence-building measure. This approach is designed to promote trust and linkages between the feuding communities.
These strategies recognize the complex historical, geopolitical, and socio-economic aspects of the Kashmir conflict and aim to address the territorial dispute, the aspirations of the Kashmiri people, and the need for international support and mediation in the pursuit of enduring peace and stability in the region.
References:
https://www.aa.com.tr/en/analysis/kashmir-and-the-un-security-council/1971039
https://www.tandfonline.com/doi/abs/10.1080/14736489.2022.2131124
https://societyandchange.com/uploads/1509433462.pdf