Pakistan cannot take Kashmir to ICJ: Sushma Swaraj

[Banglar Bir]

Pakistan cannot take Kashmir to ICJ: Sushma Swaraj
Swaraj was addressing a press conference on completion of three years of the government. The minister said there was no flip-flop on part of the government in handling Pakistan.

Press Trust of India
New Delhi, Publish Date: Jun 5 2017 5:10PM | Updated Date: Jun 5 2017 5:10PM

File Photo

India on Monday said Pakistan cannot take Kashmir to the International Court of Justice (ICJ) and said that the issue must be resolved bilaterally. India wants to settle all issues with Pakistan through dialogue, External Affairs Minister Sushma Swaraj said, adding that "talks and terror cannot go together."

Swaraj was addressing a press conference on completion of three years of the government. The minister said there was no flip-flop on part of the government in handling Pakistan.

“Pakistan cannot take Kashmir issue to International Court of Justice. Kashmir issue can only be resolved bilaterally,” she said.

She was replying to a question on reported remarks of Pakistani law officer that Islamabad will take the Kashmir issue to ICJ.

“We want to resolve all issues with Pakistan bilaterally but talks and terror cannot go together,” the minister said.

http://www.greaterkashmir.com/news/...take-kashmir-to-icj-sushma-swaraj/251411.html

 

[BABA AGHORI]

If question is Can Pakistan take Kashmir to ICJ, answer is YES... but will ICJ entertian ...answer is NO....

 

[AnnoyingOrange]

Even if Pakistan takes Kashmir to ICJ. what are the basis... UN resolution? The ones that Pakistan does not adhere to itself...

 

[Sabaton Band]

Exactly.
ICJ does not have jurisdiction over issues already presented to UNSC. Kashmir was at UNSC in 1948.

 

[Naara-e-Mastana]

If question is Can Pakistan take Kashmir to ICJ, answer is YES... but will ICJ entertian ...answer is NO....

Then we will drop icj's jurisdiction about kulbushan in a dustbin .

 

[BABA AGHORI]

Then we will drop icj's jurisdiction about kulbushan in a dustbin .

You would have already dropped it, if you could...

 

[Crixus]

If they can they should have taken it to ICJ by now

Dont you think this is what we want

Then we will drop icj's jurisdiction about kulbushan in a dustbin .

 

[Taimoor Khan]

Even if Pakistan takes Kashmir to ICJ. what are the basis... UN resolution? The ones that Pakistan does not adhere to itself...

Which part of UN resolution we don't adhere to?

 

[Naara-e-Mastana]

You would have already dropped it, if you could...

Believe me we will .days of nawaz are over so do icj's jurisdiction .

 

[A.P. Richelieu]

Which part of UN resolution we don't adhere to?

Before a referendum, Pakistan must evacuate the part of Kashmir it occupates according to the resolution.
If the resolution is ignored, I see no International Law that would award Pakistan
control over Kashmir, since International Law has very little to say about the creation
of new states.
There are no laws that say that people should have a vote on if they still want to remain
in a state or not.
I am curious what the arguments would be in front of ICJ?

 

[AnnoyingOrange]

Which part of UN resolution we don't adhere to?

Quoting the text from the UN resolution:


PART I: CEASE-FIRE ORDER
A. The Governments of India and Pakistan agree that their respective High Commands will issue separately and simultaneously a cease-fire order to apply to all forces under their control and in the State of Jammu and Kashmir as of the earliest practicable date or dates to be mutually agreed upon within four days after these proposals have been accepted by both Governments.

B.The High Commands of the Indian and Pakistani forces agree to refrain from taking any measures that might augment the military potential of the forces under their control in the State of Jammu and Kashmir. ( For the purpose of these proposals forces under their control shall be considered to include all forces, organized and unorganized, fighting or participating in hostilities on their respective sides.

C.The Commanders-in-Chief of the forces of India and Pakistan shall promptly confer regarding any necessary local changes in present dispositions which may facilitate the cease-fire.

D. In its discretion and as the Commission may find practicable, the Commission will appoint military observers who, under the authority of the Commission and with the co-operation of both Commands, will supervise the observance of the cease-fire order.

E. The Government of India and the Government of Pakistan agree to appeal to their respective peoples to assist in creating and maintaining an atmosphere favourable to the promotion of further negotiations.

PART II: TRUCE AGREEMENT
Simultaneously with the acceptance of the proposal for the immediate cessation of hostilities as outlined in Part I, both the Governments accept the following principles as a basis for the formulation of a truce agreement, the details of which shall be worked out in discussion between their representatives and the Commission.
A.

1. As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State.

2. The Government of Pakistan will use its best endeavour to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purpose of fighting.

3. Pending a final solution, the territory evacuated by the Pakistani troops will be administered by the local authorities under the surveillance of the commission.


Just read the bold part and ask yourself...


And this is usually where I get banned...

 

[BABA AGHORI]

Believe me we will .days of nawaz are over so do icj's jurisdiction .

Do you really believe you have better options than NS ?

 

[Crixus]

China has invested heavily in the diputed region and it will be fun if they bring this issue to the ICJ ...it will be fun if ICJ ask Pakistan to stop Chinese activities in Pakistani administered Kashmir

Before a referendum, Pakistan must evacuate the part of Kashmir it occupates according to the resolution.
If the resolution is ignored, I see no International Law that would award Pakistan
control over Kashmir, since International Law has very little to say about the creation
of new states.
There are no laws that say that people should have a vote on if they still want to remain
in a state or not.
I am curious what the arguments would be in front of ICJ?

 

[Naara-e-Mastana]

Do you really believe you have better options than NS ?

Yeah we do . Imran Khan or Pervaiz Musharaf .

 

[El Sidd]

China has invested heavily in the diputed region and it will be fun if they bring this issue to the ICJ ...it will be fun if ICJ ask Pakistan to stop Chinese activities in Pakistani administered Kashmir

Why don't you do it then? You seem to have it all figured out i guess.
You will get Kashmir, stop CPEC, strangle China and Pakistan.
As shrewd business as it gets. Much to your taste and liking.

Kashmir for us is a bilateral issue and we will find a solution with the BJP government who have stated recently that they have found a permanent solution for Kashmir.