ISLAMABAD – Federal Law Minister Farogh Naseem has said the Kashmir issue cannot be taken to the International Court of Justice (ICJ) because Pakistan and India have not signed any agreement in this regard.
The minister was asked about the progress on taking the case to the ICJ as announced earlier by ruling Pakistan Tehreek-e-Insaf.
“A single party cannot go to the IJC directly unless both the parties agree. However, the United Nations Security Council (UNSC) or the General Assembly (UNGA) can refer the issue to the IJC. And they can refer the case to the IJC as an issue of human rights violations,” Naseem told Express Tribune.
The minister claimed that legally Pakistan is no way on the back foot in case of Kashmir adding that the way prime minister raised the issue has made the world support Pakistan.
To a question about the legal and political options available to Pakistan, the law minister said the UN also has political courts.
“The issue will be further raised in UNSC and UNGA. We hope that the amount of hard work put in by the ministries of law and foreign affairs will make it a success,” he said.
https://en.dailypakistan.com.pk/pakistan/jammu-kashmir-issue-pakistan-may-challenge-illegal-indian-decision-at-icj-unsc/
The lawmaker said UNSC has its resolutions on Kashmir issue and India is not accepting them as has committed many human rights violations including use of pallet guns and so Pakistan has a strong case now.
“We are just saying that Kashmiris should be given right to self-determination in accordance with the UN resolutions. India has been violating human rights in Kashmir for decades,” he said.
When Prime Minister Azad Kashmir Raja Farooq Haider Khan was asked about the ICJ option, he said that his government had decided to avail the option but it was not possible until the other party agrees.
“Consultations are underway on this issue in the Kashmir committee. It is a sensitive issue and we would not act in haste,” he shared.
India had revoked the special status granted to Kashmir on August 5 and had imposed a lockdown in the valley, prompting Pakistani government to state that the case would be taken to the ICJ.
Foreign Minister Shah Mehmood Qureshi had also announced formally during his interaction with senior journalists that Pakistan will take the issue to the IJC.
However, the law minister’s comments somewhat confirm that the announcements were noot rooted in reality.
