[Reader-list] JKCCS Appeal to United Jehad Council, Indian Army and Police

Tue May 4 17:40:44 IST 2010

Alas, this ‘spirit’ was missing when the macabre dance of death & destruction was played on the streets of Kashmir by AK-47 wielding jihadists who wore symbolic shrouds & holy inscription laden head bands……..hapless Kashmiri Hindu Pandits were selectively targeted ….…... ….subjected to ethnic cleansing. The self acclaimed civil society, then chose to describe the bravado as ‘welcome winds of change’.

Ironically the appeal is also addressed to POK based L-e-T affiliate United Jihad Council that only recently repeated the  ‘caveat’ against the Kashmiri Hindu Pandits’ return to their homeland … 
..…which of course had to go unnoticed by those who seem to be now going overboard with enthusiasm over this appeal.

This is a ploy to legitimise the jihad for ‘azadi- bara- e- Islam’ (freedom through Islam) in Kashmir. Or (and) this could be an indication of some major terror strike being planned..??
Certainly, ‘civil society’ is not bothered about stone pelters even if they happen to cause casualties amongst ordinary Kashmiris. Or is UJC dried up of ammunition supplies that it intends to use now canon balls carved out of stones.

An appeal to jihadists to leave Kashmiris alone could go a long way in ameliorating the sufferings of common Kashmiris. The civil society (if it was genuinely concerned about the plight of the masses) & their sympathisers including those on this forum should explore this option too……
Rgds all 
LA
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> Date: Tue, 4 May 2010 10:55:46 +0530
> From: sonia.jabbar at gmail.com
> To: shuddha at sarai.net; reader-list at sarai.net
> Subject: Re: [Reader-list] JKCCS Appeal to United Jehad Council, Indian Army and Police
> 
> Bravo! Excellent effort.
> 
> 
> > From: Shuddhabrata Sengupta <shuddha at sarai.net>
> > Date: Tue, 4 May 2010 10:09:40 +0530
> > To: sarai-list list <reader-list at sarai.net>
> > Subject: [Reader-list] JKCCS Appeal to United Jehad Council, Indian Army and
> > Police
> > 
> > Dear all,
> 
> Please find below and appeal from the Jammu and Kashmir Coalition
> > of 
> Civil Society, appealing impartially to the leadership of the United
> > 
> Jehad Council (who claim to represent a significant section of the
> > 
> insurgents in Jammu and Kashmir) and the leadership political-
> > 
> administrative, police, military and paramilitary structures that are
> > 
> operational in the part of the state of Jammu and Kashmir 
> administered by
> > India. The appeal in a sense asks for guarantees that 
> civilians and unarmed
> > people in general will not be targetted by 
> either party. I hope that such
> > initiatives gain strength, not only in 
> Jammu and Kashmir, but in other parts
> > of our troubled subcontinent.
> 
> best
> 
> Shuddha
> ---------------------
> 
> 3rd May,
> > 2010
> Press Release
> 
> On Friday 30th April, Jammu and Kashmir Coalition of Civil
> > Society 
> (JKCCS) sent an appeal for the observance of International
> > 
> Humanitarian Law in Jammu and Kashmir to:
> 
> 1. Chief Minister and
> > Chairman of Unified High Command Mr. Omar 
> Abdullah,
> 2. Chairman United
> > Jehad Council, Mr. Syed Sallahudin,
> 3. Core Commander, Northern Command
> > of Indian Army, Lt. Gen BS 
> JASWAL
> 4. Director General, Jammu and
> > Kashmir Police, Mr. Kuldeep Khoda
> 5. I. G.P. CRPF, Mr. P.V.K. Reddy
> 
> We
> > as a civil society organisation feel duty-bound to remind the 
> state as well
> > as non-state actors of their moral/legal/religious 
> obligations in the
> > context of continuing armed conflict, about their 
> responsibilities in
> > protecting civilian lives, property and civil 
> rights.
> JKCCS has requested
> > both state and non-state combatants to consider 
> the below attached appeal
> > and make public commitment in this regard 
> besides taking necessary
> > safeguards in adhering to the basic 
> principles of International Humanitarian
> > Law in Jammu and Kashmir.
> So far JKCCS has not received any response from any
> > side regarding 
> this appeal. We today are making this appeal public in order
> > to build 
> public opinion and solicit public response to our concerns from
> > both 
> state and non-state combatants.
> We believe the positive response from
> > the state and non-state 
> combatants regarding our appeal will go a long way
> > in increasing an 
> atmosphere of security for the civilian lives, dignity and
> > property 
> in Jammu and Kashmir.
> 
> President
> Ad. Parvez Imroz
> 
> APPEAL FOR THE
> > OBSERVANCE OF INTERNATIONAL HUMANITARIAN LAW IN JAMMU 
> AND KASHMIR
> 
> As a
> > state, India is signatory to Geneva Conventions and other 
> International
> > humanitarian instruments, which regulate conduct of 
> combat in all conflict
> > situations wherein tensions heighten to direct 
> hostilities among states or
> > between state and certain non-state 
> actors/groups.
> 
> Being signatory to
> > Geneva Conventions brings in its wake various 
> moral/legal checks upon states
> > in their conduct of combat operations 
> particularly when the sites of
> > hostilities involve/ and is 
> interspersed with huge civilian spaces.
> 
> Jammu
> > and Kashmir has been the main site of hostilities particularly 
> during the
> > last two decades, between Indian state actors represented 
> by its personnel
> > in military/para-military/Police against armed 
> militants belonging to
> > various outfits working under an alliance of 
> United Jehad Council
> > (UJC).
> 
> UJC in the year 2005 adopted and publicized its Code of Conduct which
> > 
> was supposed to be binding on all the armed militant organizations 
> and
> > their cadres operating in Jammu and Kashmir. This Code of Conduct 
> was a
> > unilateral commitment of UJC to abide by some of the basic 
> principles of
> > International Humanitarian Law. Later in October 2007 
> UJC, while signing the
> > Unilateral Declaration on the Ban of use of 
> landmines also reiterated its
> > commitment to abide by all four 
> covenants of Geneva Conventions.
> 
> State of
> > India, through its signing of various International 
> humanitarian instruments
> > and United Jehad Council (also its 
> constituents) through their unilateral
> > declarations, Code of Conduct 
> and various public statements have been
> > reiterating their position 
> vis-à-vis the loss of civilian lives and property
> > and talking about 
> their mechanisms for ensuring protection of civilian life
> > and property.
> 
> However, commitments made by the state of India, besides her
> > 
> promises, from time to time has seen very little or no enforcement on
> > 
> ground during the heightened phase of conflict for the last two 
> decades
> > particularly with respect to the treatment meted out to 
> civilian population.
> > Despite all the public commitments people of 
> Jammu and Kashmir continue to
> > witness loss of civilian lives, 
> destruction of their property and denial of
> > civil and political rights.
> 
> Also, the promises of non-state
> > actors/organizations/groups hold 
> little water in terms of their realization
> > on ground. Civilian spaces 
> continue to remain a contested site of direct
> > hostilities between non- 
> state and the state actors, which result in loss of
> > precious lives, 
> torture and humiliation of civilian populations.
> 
> There have
> > been consistent media reports streaming in for the last 
> few months about
> > Œsome looming prospect of escalation in the direct 
> hostilities between the
> > state and non-state forces¹. Amid the obvious 
> political simmer, and reported
> > Œprospect of hot summer¹ coupled with 
> many recent Œcivilian¹ killings, we as
> > a civil society organisation 
> feel duty-bound to remind the state as well as
> > non-state actors of 
> their moral/legal/religious obligations towards
> > people.
> 
> We would like to remind the State of India and the leadership of
> > 
> United Jehad Council in the context of continuing armed conflict, 
> about
> > their responsibilities in protecting civilian lives, property 
> and civil
> > rights.
> 
> We call upon all the combatants whether state or non-state to abide
> > 
> by the following minimum and basic principles derived from 
> International
> > Humanitarian Law and other universally accepted 
> principles:
> 
> During
> > operations combatants must not target civilian objects, 
> civilians and those
> > not directly participating in armed hostilities.[1]
> 
> During military
> > operations, constant care must be taken to spare 
> civilian population,
> > civilians and civilian objects.[2]
> 
> In order to avoid civilian casualties,
> > military installations in 
> and around population centers must not be created.
> > Attacks against 
> such military objectives which are expected to cause
> > disproportionate 
> civilian casualties and damage must not be
> > launched.[3]
> 
> During and after the combat operations wounded and sick must
> > be 
> collected and cared for.[4]
> 
> Civilians must not be taken hostage for
> > any reason or/and in any 
> circumstances.[5]
> 
> During operations when enemy
> > fighters are taken prisoners, they 
> must be treated humanely; they must not
> > be tortured, killed or 
> disappeared in custody.[6]
> 
> The dead must be
> > respected and their bodies not mutilated. When 
> mortal remains are
> > unidentified, every effort must be made to 
> preserve evidence that could lead
> > to their eventual identification. 
> Graves should be marked. Where the
> > identity of a dead person is known 
> (whether friend or enemy), next of the
> > kin should be promptly 
> informed.[7]
> 
> Ambulances, medical personnel and
> > fire fighting personnel who take 
> no active part in hostilities must not be
> > attacked, nor obstructed 
> from performing their humanitarian
> > duties.[8]
> 
> Places of worship and those taking refuge in them must not be
> > 
> attacked in any circumstances.[9]
> 
> Minorities, women, children, older
> > people and disabled should 
> always be respected and no attempts should be
> > made to infringe upon 
> their rights, dignity and safety.[10]
> 
> Vehicles and
> > buildings bearing emblems of the Red Cross and the Red 
> Crescent should be
> > respected. These emblems must not be used to 
> deceive enemy during
> > hostilities. [11]
> 
> 
> [1] See article 3 common to the four Geneva Conventions of
> > 1949. See 
> also articles 48 and 51.2 of Additional Protocol I of 1977. See
> > also 
> Al-Quran 2:190
> [2] See article 57.1 of Additional Protocol I of
> > 1977.
> [3] See article 51.4, 51.5 (b) and 57.2 (a) iii of additional 
> protocol
> > I of 1977.
> [4] See article 3 common to the four Geneva Conventions of
> > 1949.
> [5] See articles 3 common to the four Geneva Conventions of 1949.
> [6]
> > See article 3 common to the four Geneva Conventions of 1949. See 
> Also
> > article 13 and 17 of Geneva Convention III of 1949. Also see Al- 
> Quran
> > 76:8
> [7] See article 17 of Geneva Convention I of 1949 and article 34 of
> > 
> Additional Protocol I.
> [8] See articles 12-18 of Additional Protocol I of
> > 1977.
> [9]See Hadith,
> [10] See Hadith (Muslim Book 019, Number 4320)
> [11] See
> > articles 37, 38 and 85.3 (f) of Additional Protocol I of 1977.
> 
> 
> 
> Shuddhabrata
> > Sengupta
> The Sarai Programme at
> > CSDS
> shuddha at sarai.net
> www.sarai.net
> www.raqsmediacollective.net
> 
> 
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