Hindustan Times (Delhi)

Start talks in Kashmir now or there will be no one to talk to

- Barkha Dutt is an awardwinni­ng journalist and author The views expressed are personal Mohan Katarki is a Supreme Court advocate The views expressed are personal

Dar, to the table for talks. He was killed soon after. As was Hurriyat representa­tive, Abdul Gani Lone, whose son Sajad is a minister in the present coalition government. A mechanism that provides security and relevance to men willing to give up the gun has not yet taken root in Kashmir even 28 years after the insurgency began.

The problem remains political but radicalisa­tion and a growing Islamism is real.

I met a teenage boy strapped to a hospital bed who marched for slain militant Burhan Wani because he “protects Islam.” The Internet has made many angry young Kashmiris part of a global ‘ummah,’ exposing them to more fundamenta­l strains of Islam. Both Wani and his successor Zakir Bhat released videos calling for a Caliphate. One officer argues, “Earlier Islam was a subset of azaadi; now azaadi is a subset of Islam.”

If New Delhi does not start a dialogue process soon, there will be no one to talk to. Separatist­s have only pocket boroughs of influence and they are fast losing control of the street.

THE FATAL FLAW IN CONFLATING VOTERTURNO­UT WITH ‘NORMALCY’ HAS RETURNED TO HAUNT US WITH THE

DISMAL SHOWING IN THE SRINAGAR BYPOLLS

Pakistan, which has declared that it is not going to honour the provisiona­l measures. Unlike the orders passed by national courts, the orders passed by internatio­nal judicial organs cannot be executed by judicial process of attachment or detention.

The Internatio­nal Court of Justice statute — Article 41(2) — mandates that the order shall “forthwith” be given to the Security Council (SC). But the point is: What can the Security Council do in the circumstan­ces ? Is it strictly obliged to implement the order of the Internatio­nal Court of Justice by sanctionin­g force or imposing economic sanctions against the recalcitra­nt Pakistan ?

But Article 94(2) of the United Nations charter confers discretion on the Council, saying: “If it deems necessary make recommenda­tions or decide upon the measures to be taken to give effect to the judgment.”

The Council had faced difficulti­es in implementi­ng such orders twice in the past: First, in the Anglo Iranian Oil case in 1951; and second, in the case filed by Nicaragua against the United States in 1986.

The decision of the Security Council will be nothing but a political decision.

If the non-compliance with the ICJ decision is a “procedural matter” under Art.27(2) of the UN Charter, the permanent members of the Council cannot exercise their veto power.

The UN General Assembly’s resolution of 1949 seem to support this interpreta­tion.

India may succeed in persuading the Council to save Jadhav from a certain gallows, if China among the five permanent members has no right to veto in favour of Pakistan, its ally.

 ?? AP ?? A Kashmiri student uses his necktie as a sling to throw stones at policemen as they clash in Srinagar, May 15
AP A Kashmiri student uses his necktie as a sling to throw stones at policemen as they clash in Srinagar, May 15
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