India Pakistan: How War Crime Solve Legally?

With this conflict becoming one of the longest standing and most complicated disputes, numerous instances have arisen wherein parties acted contrary to international law. The war crimes issue in this conflict is significant, consisting of serious breaches of international humanitarian law. This article tries to look at the legal implications that could be made against war crimes, especially with regard to the India-Pakistan conflict, as well as the role of international bodies & the instruments in the rise of justice.

War Crimes and International Law

War crimes are grave transgressions of the laws and traditions of war. These violations include a variety of acts intended to injure persons who do not take part in hostilities neither civilians, nor prisoners of war, nor the wounded. These acts, commonly referred to as violations of international humanitarian law, are prohibited by international law, which aims to safeguard persons from cold-blooded acts during armed conflict. Some of the most heinous crimes are intentionally directing attacks against the civilian population, attacking civilians, torture, rape, sexual slavery, and wilful killing of non-combatants.

When force is used in an armed conflict by India and Pakistan respectively, this has created occasions of alleged violations, with the civilian population often taking the brunt of military action in the territories in dispute. 

Legal Framework: Geneva Conventions and the ICC

• The Geneva Conventions and the Rome Statute of the International Criminal Court are two key instruments employed to address war crimes by the law of armed conflict. The Geneva Conventions and its Protocols, especially the Fourth Geneva Convention, provides comprehensive protection to civilians in armed conflict by forbidding actions common in war like attacking civilians or seizing enemy property. The Rome Statute of the ICC is the basis for criminally prosecuting individuals for committing war crimes and crimes against humanity. 
• Based on the Geneva Conventions and the Rome Statute of the ICC, individuals can be held criminally responsible for actions like torture, wilful killing, rape, and other inhumane acts. The ICC can also prosecute inhumane acts like committing biological experiments on prisoners, using poison weapons and many others in violation of law of war.

Protecting Human Dignity: Combatants and Civilians

• Human treatment of combatants and civilians is one of the cornerstones of international law. When hostilities occur, the Geneva Conventions state that if combatants are captured, they are entitled to certain protections, the most notable being the right to humane treatment. This includes the express prohibition against torture, rape, and any physical or psychological abuse of prisoners of war. Violating these rules would typically amount to war crimes that can be prosecuted under both national and international law.
• One of the most egregious violations of international law in armed conflict, and particularly in places like Kashmir or along the borders of India and Pakistan, is the intentionally directing attacks against the civilians. Both sides have been charged with various types of attacking civilians during military operations through bombings, targeted killings, and indiscriminate shelling that resulted in death and damage. Such acts indisputably constitute war crimes under international law, and they can be prosecuted in a national court or an international court.

Accountability for Inhumane Acts: The Role of the ICC

• The International Criminal Court (ICC) is instrumental in prosecuting those thought to be responsible for war crimes and inhumane acts during wars. The Rome Statute allows the ICC to investigate and prosecute individuals for acts of rape, torture, sexual slavery, etc., regarded as war crimes by some factions during the conflict in India and Pakistan. 
• One of the most agonizing war crimes is sexual slavery where women and girls are captured as hostages and are often subjected to forced labour. Many are sexually exploited for one reason or another, most probably by either inhumane acts or rape, all leaving a life of trauma, physically and psychologically. The Rome Statute allows for prosecution against such heinous acts in addition to imprisonment for the perpetrators of sexual exploitation and sexual slavery.

Addressing Violations: National and International Mechanisms

It is true that ICC as an international mechanism has been effective in prosecuting individuals for war crimes. But national legal systems have similar ability. In India and Pakistan, there are various mechanisms to prosecute such violations. It seems to depend on political will to prosecute the ones that are in charge (those in power). Quite often, however, those individuals deemed as mentally ill, or being in positions of power are able to deflect the law based on imperfect trials, or any evidence at all.

In order for a legal system to achieve its objectives, it is imperative to secure a fair trial for the accused, if not, the process could be politicized and individuals may evade punishment for war crimes such as the seizing enemy property, the use of poison weapons or the persecution of civilians. The obligation to prosecute war crimes perpetrators who violate international law is paramount to achieving justice and respecting human rights.

The Road to Justice: Challenges and Solutions

The legal pathway to prosecution of war crimes in the context of the India-Pakistan conflict will be challenging. National interests, lack of cooperativeness, and complexity in the region will impede serious accountability for violations of international humanitarian law. International organizations such as the United Nations (UN) and International Criminal Court (ICC), do show us that there is a pathway to justice.

Although the prosecution of war crimes may be difficult, it is important to pursue justice as a means of holding perpetrators accountable for their actions, be it through wilful killing, torture, or attacking civilians. The Geneva Conventions and the Rome Statute of the ICC have established an important legal framework to redress these violations, but these statutes require international cooperation and political will in order to be implemented.  Without these efforts, the suffering of civilians and combatants alike will continue, and the cycle of war crimes will persist.

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