The International Military Tribunal at Nuremberg held that aggressive war is the “supreme international crime”. That was affirmed by the United Nations and upheld in many legal decisions. Nazi leaders argued that they acted only in self-defence against a presumed attack by the Soviet Union. Their justification for mass murder was rejected and responsible leaders were hanged after a fair trial.
Article 2(4) of the United Nations Charter defines that “All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations
The Charter of the United Nations was thought to establish a normative order, maintain international peace and security. According to the Article 51 of the Charter of the United Nations “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs” However the Article 51 does not propose a legal definition of the conduct which is considered as an armed attack or the commencement of such an attack. It does not propose strict criterions for the use of force for self-defence. As a result different interpretations of this norm have been arising and continuing to change in response to new situations and threats.
Colonial occupiers like India & Israel are claiming a “right” to defend themselves from the resistance of Kashmiris, including by committing mass murder.
The idea that both imperial land grabbers have the right to terrorise, brutalize, torture and murder those whose land they steal under the rubric of “self-defence” flies in the face of UN General Assembly Resolution 37/43 of 1982 which recognized “the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle”. That resolution specifically reaffirmed this right in the case of the Palestinian struggle.
This conference will discuss thread bear the legality of the Kashmir dispute. The experts in the conference are renowned lawyers, legal academicians of Pakistan.
- Vice Chancellor Hazara University
- Justice Ali Nawaz Chowhan
- Dr Muhammad Mushtaq Ahmed
- Dr Sara Qayyum
- Dr Farah Naz
- Dr Mir Adnan
- Dr Fakhr Ul Islam