The third International Kashmir Peace Conference, organised by Dr Ghulam Nabi Fai, director, Kashmir Centre, Washington, on September 24-25 has welcomed the joint statement issued by Pakistan and India in New York on September 24 at the conclusion of the hour-long meeting between President General Pervez Musharraf and Prime Minister Dr Manmohan Singh, reports Kashmir Media Service.
The conference noted with satisfaction that the two leaders have undertaken to explore possible options for a peaceful negotiated settlement of the Jammu and Kashmir issue in a sincere spirit and purposeful manner.
It hoped that the two leaders and their governments fully recognised that there could be no 'peaceful negotiated settlement' without the full and active participation of Kashmiris living on both sides of the Line of Control (LoC) as well as of those belonging to the Kashmiri diaspora, recognising their right to self-determination.
The conference also calls for intensified intra-Kashmiri dialogue so that a set of acceptable options for the settlement of the Kashmir dispute can emerge. It urges the governments of India and Pakistan to create necessary conditions and provide facilities for this purpose.
Among the many important aspects of the Kashmir issue that were discussed over the course of the two days, the topic of 'terrorism' high on the list of international discourse.
Regrettably, as Majid Tramboo, executive director, Kashmir Centre, EU, rightly pointed out there is a lack of a commonly accepted definition of 'terrorism' and 'terrorist acts.'
It is also complicated by the issue of whether a definition of terrorism should focus only on acts carried out by non-state actors or whether one should incorporate the concept of state or state-sponsored terrorism.
Nevertheless, he explained that "acts viewed as terrorist acts have been prohibited ever since the promulgation of earlier humanitarian law instruments giving as least some baseline for determining what acts could be deemed terrorism."
After citing from various international conventions, which attempt to define which acts that are considered to be acts of terrorism, Tramboo said that "given the importance of the legal qualification of armed conflict and of related violence for the content of the applicable law, evaluation is necessary to determine on a case by case basis, whether a particular situation can be considered terrorism or must be viewed as armed conflict."
Relating this to the right to self-determination, which is the individual and collective right of a people to determine their political status as endorsed by the Charter of the United Nations, Tramboo said: "A necessary component of the right to self-determination is the right to its realisation and the right to take steps to that end."
However, "the precise scope of this right, as a right to use armed force (jus ad bellum) and engage in wars of national liberation, has been a major point of contention."
In the case of the disputed territory of Jammu and Kashmir, Tramboo explained that the Kashmir issue "became a controversy only after India realised that it could not win the people's vote in Kashmir.
Having laid the legal framework on terrorism, armed conflict, and self-determination, Tramboo said the Kashmiris' struggle for freedom is just and legitimate under international and humanitarian law.
Ali Raza Syed, president, Advisory Council to the Kashmir Centre, EU Brussels, addressed the issue of developing the means by which to provide a brighter future for the Kashmiris.
In his intervention, he stated that maintaining the status quo is not conducive to a peaceful settlement of the Kashmiri conflict.
"Clearly, tripartite negotiation with international mediation are the most effective way toward achieving a peaceful resolution to the Kashmir dispute.
The international community, including the United States, the United Nations, and the European Union have the means by which to encourage India and Pakistan to come to the negotiating table with the genuine representatives of Kashmir to address the Kashmir dispute.
By initiating and implementing peace initiatives, the international community will not only stop the suffering and killing in Kashmir, but will also have a positive effect on the international security of the region by relieving national tensions, eradicating regional fighting, and effectively eliminating the risk of nuclear war between India and Pakistan.
Therefore, it is in the interest of everyone to settle the Kashmir conflict."
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