Integrity Score 240
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National Security Doctrine for Global Reach continues...
(b) The second dimension is a moral one: that arises from the universal concept of self-determination that is incorporated in the UN Charter.
Upon receiving India’s plea, the UN had constituted a special mediatory commission (UNCIP), which passed several resolutions with the prior consent of the two countries. Two of these resolutions are important: the Cease Fire Proposal Resolution of August 13, 1948 and the Affirming Resolution of January 5, 1949. These two Resolutions are the foundation of the call for a plebiscite that is often made internationally, and to which Resolutions both India and Pakistan were willing parties (it is recorded as such in the second resolution).
It is wrong however to make out that India by these Resolutions is unconditionally committed to holding a plebiscite under UN auspices in Kashmir. India is one party to the above mentioned two Resolutions [which together may be called the Plebiscite Resolution] of UNCIP. It should be borne in mind that no Resolution that is unimplemented can be binding for forever on any government. These two Resolutions (designated here as R [1948] and R [1949]) are composite and contain a number of pre-conditions on which the holding of plebiscite is contingent. Those pre-conditions that devolve on Pakistan have never been met, and it is doubtful if Pakistan can ever meet the implied commitments embodied in the Resolutions anymore without an integral upheaval. For example, Part II(A) Clause 1 of PR (1948) states that “… the Government of Pakistan agrees to withdraw its troops from that state”. Part II(A) Clause 2 amplifies this withdrawal to include Pakistani irregulars as well. No government of Pakistan can carry out these commitments willingly. If it could not do so in 1948, it certainly cannot now. The Clauses {Part II(B) Clause 1 read with Clause 4(a) of PR(1949)} moreover require to be implemented by Pakistan prior to India taking any steps or for the UN to schedule a plebiscite. Since Pakistan has not done so even after nearly six decades, there is no binding commitment on India to hold a plebiscite on its part.
to be continued....