By TCN News,
Jammu: When civilian death, casualty and other difficulties rein the scene of conflict in the state, the Jammu Kashmir Coalition of Civil Society has come up with a code of conduct for the state and non-state actors. The organization made an appeal of 11 points to ensure civilian security and sent it to important officials including the Chief Minister of the state Mr Omar Abdullah, its statement said.
The statement says that the JKCCS sent the appeal to the Chief Minister, chairman of the United Jihad Council Mr Syed Salahudin, Lt. Gen BS Jaswal (Core Commander, Northern Command of Indian Army), Mr Kuldeep Khoda (Director General of Police in Jammu and Kashmir) and Mr PVK Reddy (IGP CRPF). The JKCCS asked the state and non-state addressees to consider the appeal and to make public commitment in that regard as well as to take necessary safeguards to adhere to the basic principles of the international Humanitarian Law in the state. It has now publicized the appeal since it reportedly got no response from any of the addressees. “We today are making this appeal public in order to build public opinion and solicit public response to our concerns from both state and non-state combatants”, the statement signed by the organisation’s president Parvez Imroz says.
The JKCCS says the appeal was sent ’to remind’ the state and militants of their ‘moral/legal/religious obligations in the context of the continuing armed conflict and about their responsibilities in protecting civilian lives, property and civil rights’. It reminds those forces fighting with each other of abiding to the Geneva Convention which is applicable in all conflict situations with direct hostilities among states or between state and non-state actors/groups. Great care should be taken in the conduct of combat operations particularly in civilian areas.
The United Jihad Council is an alliance of the armed militants belonging to various outfits that fight against the state forces such as the police, military and para-military. The alliance had publicized its Code of Conduct in 2005 which made the outfits that came under it to abide by some of the basic principles of the international Humanitarian Law. Later in 2007, it made a unilateral declaration on the ban of the use of land-mines, thus committing itself to abide by all the four covenants of the Geneva Convention.
The Indian state also has made several commitments that ensure the safety of the civilians as well as other measures to abide by the international humanitarian laws, but the organization accuses that there has been ‘very little or no enforcement on ground during the heightened phase of conflict for the last two decades particularly with respect to the treatment meted out to civilian population’. The promises of the militants too ‘hold little water in terms of their realization on ground’, accuses the JKCCS.
Following are the 11 points – ‘minimum and basic principles derived from the International Humanitarian Law and other universally accepted principles’ – listed by the JKCCS in the appeal:
1. During operations combatants must not target civilian objects, civilians and those not directly participating in armed hostilities.
2. During military operations, constant care must be taken to spare civilian population, civilians and civilian objects.
3. In order to avoid civilian casualties, military installations in and around population centers must not be created. Attacks against such military objectives which are expected to cause disproportionate civilian casualties and damage must not be launched.
4. During and after the combat operations wounded and sick must be collected and cared for.
5. Civilians must not be taken hostage for any reason or/and in any circumstances.
6. During operations when enemy fighters are taken prisoners, they must be treated humanely; they must not be tortured, killed or disappeared in custody.
7. The dead must be respected and their bodies not mutilated. When mortal remains are unidentified, every effort must be made to preserve evidence that could lead to their eventual identification. Graves should be marked. Where the identity of a dead person is known (whether friend or enemy), next of the kin should be promptly informed.
8. Ambulances, medical personnel and fire fighting personnel who take no active part in hostilities must not be attacked, nor obstructed from performing their humanitarian duties.
9. Places of worship and those taking refuge in them must not be attacked in any circumstances.
10. Minorities, women, children, older people and disabled should always be respected and no attempts should be made to infringe upon their rights, dignity and safety.
11. Vehicles and buildings bearing emblems of the Red Cross and the Red Crescent should be respected. These emblems must not be used to deceive enemy during hostilities.
The organization hopes to create strong public opinion in the matter. It also believes that a positive response to the appeal from both the state and non-state actors would do a lot in ‘increasing an atmosphere of security for the civilian lives, dignity and property’ in the state.
The JKCCS is an amalgam of eight non-profit organizations working for the betterment of civil society in Kashmir. It is based in Srinagar and was founded in 2000. It aims at protecting international law in Kashmir, promoting peace and democracy, taking a stand against militarization and violence, and resolving the Kashmir dispute as per the wishes of the people.