Title: Fluidity of armed conflict in Kashmir: from the international humanitarian law perspective

Authors: Niyati Pandey; Namrata Luhar

Addresses: Gujarat National Law University, Attalika Avenue, Koba, Gandhinagar-382007, India ' Faculty of Law, The M.S. University of Baroda, Vadodara, Gujarat-390002, India

Abstract: Kashmir has been an area of dispute since past more than seven decades challenging the peace and stability of the South-Asian region. The conflict in Kashmir that began as territorial dispute gradually several dimensions in the form of religion, self-determination, nationalism and separatism further complicating the issue. The paper has not just traced the conflict since its inception but also looked into the recent developments like the surgical strikes, human shield and stone pelting to analyse the sharp changes that have occurred affecting the nature of the conflict and making it more fluid. The aim of the paper is to identify as to what rules of international humanitarian law would apply to Kashmir conflict in the present scenario. However, the paper has not dealt with the overlapping topics of human rights and terrorism.

Keywords: Kashmir; international humanitarian law; armed conflicts; India-Pakistan; surgical strikes; human shield; direct participation in hostilities; Geneva conventions.

DOI: 10.1504/IJHRCS.2021.117958

International Journal of Human Rights and Constitutional Studies, 2021 Vol.8 No.4, pp.298 - 313

Received: 11 May 2020
Accepted: 13 Nov 2020

Published online: 05 Oct 2021 *

Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article