Malik urges Qureshi to file law suit in ICJ, ICC against Modi

Pakistan Peoples Party (PPP) leader Senator A Rehman Malik Wednesday released the letter which has been written to Foreign Minister Shah Mahmood Qureshi wherein he has urged the minister to file a lawsuit in the International Court of Justice (ICJ) & International Criminal Court (ICC) under the Rome Statute against Indian Prime Minister Narendra Modi and his accomplices for their crimes against humanity and genocide in Indian-occupied Kashmir.

Addressing a press conference here, Malik said that he advised the government to follow the precedent set by Gambian Minister of Justice and Attorney General Abubacarr Marie Tambadou who mustered up courage and presented the case of Rohingya massacre before the ICJ. He said if a small country Gambia can stand up for Rohingya Muslims, why Pakistan can't go for the oppressed Kashmiris in the ICJ and ICC.

In his letter he wrote that it is now a daylight fact that Indian army is committing the war crimes against oppressed Kashmiris in terms of mass-murdering, mass-graving, mass-blinding through pelleting, rapes, tortures, enforced disappearances, and political repression and locking down of the whole valley through strict curfew. He said that so far more than 94,000 Kashmiris have been killed including 7,000 custodial killings, 22,000 women have been widowed, 105,000 children have been orphaned and 10,000 women have been raped and molested by Indian military and paramilitary troops since 1989. He added that more than 8,000 people have gone missing in enforced disappearances by Indian forces since 1989. He stressed that all these atrocious crimes against humanity make the Indian government and PM Narendra Modi liable to be tried in the international courts.

He emphasized that his point of view to take the Kashmir issue in the ICJ and ICC is now strengthened as the Minister of Justice and Attorney General Abubacarr Marie Tambadou of Gambian picked the courage and presented the case of Rohingya massacre before the ICJ referring to UN Fact-Finding Mission's report of 2018-19 compiled with graphic details as to how army troops brutally conducted the crackdowns and killed thousands of Rohingya Muslims while the women were raped, villages were set on fire while the people were inside their house and their properties were destroyed in 2017. He said that same crimes are being committed by Indian forces under PM Narendra Modi against innocent Kashmiris.

Malik wrote to the foreign minister that there is an observation at various forums in Pakistan and in the Ministry of Foreign Affairs that Pakistan and India are not the signatories of the Rome Statute hence it may not be possible for Pakistan to move a case in the ICC but he consistently differed this as the Rome Statute reads, "Any individual, group or state can send information to the Office of the Prosecutor (OTP) regarding alleged crimes falling under the jurisdiction of the court. To date, the OTP has received more than 12,000 of such communications, which can form the initial basis of the Office's preliminary examinations. The OTP conducts a preliminary examination to decide whether there is a reasonable basis to initiate an investigation."

He urged that the precedent of action against Myanmar authorities for Rohingya massacre initiated by Republic of Gambia also entitles the government of Pakistan and government of Azad Jammu and Kashmir or even any individual or group to file a petition in both the international courts for taking action against Indian authorities.

Malik wrote that he has been emphasizing time and again particularly after August 05, 2019 and now once again strongly proposes the following steps to be taken by the government of Pakistan on Kashmir issue at diplomatic and legal fronts: To move a request in the United Nations emphasizing the secretary general to appoint a plebiscite administrator in Kashmir and fix a date for plebiscite as per the resolutions of UNSC as there is no further voting required in the UN for this matter. (2) To write through a lawsuit to the International Court of Justice (ICJ) to investigate the reasons of delay in implementation of UNSC Resolutions regarding the right of self-determination and demand to fix the responsibility with the directions to initiate the process of plebiscite in Kashmir. (3) To drag Prime Minister Modi through a lawsuit in International Court of Justice (ICJ) based on the report of Office of the United Nations High Commissioner for Human Rights (OHCHR) dated June 14, 2018 and July 08, 2019 as these reports have enough materials for the trial of Prime Minister Modi and his accomplices involved in crimes against humanity and genocide. (4) To file a petition against Indian government and Prime Minister Modi in International Criminal Court (ICC) under the Rome Statute to drag them for trial as war criminals based on the available evidences and as per reports of the Office of the United Nations High Commissioner for Human Rights (OHCHR) as referred above. (5) To write a letter to United Nations to appoint a Commissioner of Inquiry under the UN Charter to investigate into the ongoing crimes against humanity and human rights violations by Indian forces in Indian-occupied Kashmir.

He wrote that he read a very highly immoral and distressful statement by Major General SP Sinha (retd), a leader of BJP, for supporting rape of Kashmiri women during a TV debate, where he can be heard saying "death in return for death, and rape in return for rape" in Indian-occupied Kashmir. He added that it is another evidence wherein the rape of Muslim Kashmiri women was self-confessed by a highest military authority and leader of India ruling party, BJP.

Malik demanded the formation of medical board to look after health of former president Asif Ali Zardari. He said that Zardari was put behind bars on the basis of unproved charges during his trial and the government must provide him complete health facilities and access to private doctor of his choice. He demanded that Zardari should be immediately transferred to Karachi for better medical treatment as he is suffering from multiple diseases. He urged that there should be an end to discrimination as law stands equal for all.