This report provides snapshot of testimonies and cases covering some of the types of violations that are taking place in Jammu and Kashmir. It is based on a year-long investigation into the conflict in Kashmir by Stoke White Investigations (SWI-unit), the unit instructed its in-house lawyers at Stoke White law firm in January 2022 to begin legal proceedings using the Principle of Universal Jurisdiction over war crimes and abuses committed by Indian authorities in Jammu and Kashmir. The
Topics: maps, executive summary, introduction, notes on methodology, Jammu and Kashmir, war crimes and human rights violations in Jammu and Kashmir, war on terror as an enabler of human rights abuses in Kashmir, dissent and structural violence, shutting down journalism
Terms: extrajudicial killings, torture, pellet gun violence, enforced disappearances, sexual violence, Israeli-intelligence conducting torture in Kashmir, harassment of NGOs, lawyers and human rights defenders, harassment of Khurram Parvez, Jammu Kashmir Coalition of Civil Society, arbitrary detention of Aasif Sultan and Sajad Gul, extrajudicial killing of Zia Mustafa
The Universal Jurisdiction filing requests the United Kingdom’s Metropolitan Police to investigate the case of Zia Mustapha, a minor who has been detained by Indian authorities for 18 years without any successful charges or prosecution against him, and the systematic torture of a human rights defender, Muhammad Ahsan Untoo, by Indian authorities in J&K.
The UK are requested to investigate and arrest senior officials from the Indian authorities for carrying out such war crimes and torture in J&K. This context report provides a snapshot of the human rights abuses in J&K and alleges based on strong evidence that they are perpetrated by Indian authorities.
The SWI-unit is concerned that India’s long-standing occupation of J&K vis-a-vis its national army, paramilitary-troops, border security force, special task force and other defence committees has systematically violated international human rights law and international humanitarian law.
In particular, the report focuses on war crimes and human rights violations in J&K including: extrajudicial killings, torture, pellet gun violence, enforced disappearance and arbitrary detention. The investigation finds a systematic nature to the crimes conducted by Indian authorities against Kashmiris, in terms of their violence, which includes the above violations as well as rape and the arrest and detainment of minors.
The report also understands that there is a broader legal context that facilitates such abuse, in particular the use of law as a tool of war (‘lawfare’), combined with the adoption of commonand violative security policies and rhetoric as part of the Global War on Terrorism.
January 2022
Originally published
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