Vol. 5 No. 2 (2022): Pakistan Journal of International Affairs
Articles

KASHMIR ISSUE AND JURISDICTION OF INTERNATIONAL COURT OF JUSTICE

Published 2022-06-20

Abstract

Since India has revoked special status of Jammu and Kashmir after amendment of Article 370 of the Constitution of India, the Kashmir conflict has taken on a new dimension. Pakistan, which views itself as a party to the Kashmir dispute, has been exploring its diplomatic and legal options. This article delves into the Kashmir issue after the abrogation of Article 370 with special context to Article 35 A of Indian Constitution alongwith the detail discussion on the jurisdiction of the International Court of Justice (ICJ). The ICJ is the most authoritative court for interpreting general rules of international law, though its jurisdiction is limited. Nevertheless, it has addressed numerous significant disputes among states. With a Hindu monarch in charge and a predominantly Muslim population, the Kashmir issue remains a source of contention between Pakistan and India, impacting the peace and stability of South Asia. Given its proximity to both Pakistan and India, the State of Kashmir presents a unique challenge. This paper will closely examine the situation following the revocation of Article 370 on August 5, 2019, by India. A substantial portion of public discourse argues for protesting before International Court of Justice (ICJ) due to the infringement of UN Security Council resolutions and international law by taking the matter there, the worlds' highest court. This research will thoroughly explore the options available to Pakistan under international law in reply to India's violation of the law. These political pressures have intensified due to the Indian government's actions in Kashmir over the past few years.