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Torture is a Universal Sin and a Crime against Humanity

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The Committee against Torture opened its seventy-eighth session in Geneva on October 30 and will continue until November 24, 2023. The body of 10 independent experts is headed by Dr. Claude Heller of Mexico. The Committee will examine the implementation of the ‘Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’ by its States parties.

It is worth mentioning here that the Convention against ‘Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’ was adopted on December 10, 1984. It entered into force on June 26, 1987. Article 1, of the Convention, reads, “For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”

Dr Alice Jill Edwards (Australia), United Nations Special Rapporteur on Torture told the United Nations Third Committee, “There is a persistent accountability gap for torture and ill-treatment worldwide, caused in part by the systemic denial, deliberate obstruction and purposeful evasion of responsibility by public authorities.” She added, “when a State fails to defend truth and justice, it becomes an accomplice in torture. Some States wrongly perceive criminal investigations into torture as a direct attack on their legitimacy. On the contrary, what threatens governmental legitimacy is impunity.”

Human Rights Watch (HRW) talks about torture in these words, “The prohibition against torture is a bedrock principle of international law. Torture, as well as cruel, inhuman or degrading treatment, is banned at all times, in all places, including in times of war. No national emergency, however dire, ever justifies its use.”

So, Torture is a universal sin and a crime against humanity. Torture with impunity, nonetheless, is widespread in the disputed territory of Kashmir. The abuses are so extensive as to extend beyond those directly affected, reaching every man, woman, and child in the Valley of Kashmir. The civilians live under the constant threat of abuse. The overwhelming presence of 900,000 Indian military and paramilitary forces serves as a constant reminder to Kashmiris that they are not free people, but a people subjugated and enslaved against their will.

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India has authorized a police state reminiscent of the Gestapo in Kashmir. The Jammu and Kashmir Public Safety Act, The Armed Forces Special Powers Act, The Disturbed Areas Act, The Unlawful Activities Prevention Act are illustrative. Generally speaking, these laws empower the Indian military and paramilitary forces in Kashmir to arrest, detain, torture, search, wiretap, tr, and punish without material restraints.”

Tens of thousands of Indian officials are guilty of war crimes in Kashmir. These crimes include willful killing, torture, rape, wanton destruction of civilian properties and maiming of innocent civilians. These brutalities are commonplace in Kashmir and have been verified by numerous impartial human rights NGOs.

Ms. Arundhati Roy, an internationally acclaimed novelist of India wrote, “The documentation of instances of torture, disappearances, custodial deaths, rape and gang-rape (by security forces in Kashmir) is enough to make your blood run cold. The fact that despite all this India retains its reputation as a legitimate democracy in the international community and amongst its own middle class is a triumph.”

Dr. Juan E. Mendez, Former United Nations Special Rapporteur on Torture and Professor of Human rights Law in Residence at American University, Washington, Dc wrote about the ‘Torture Report on Kashmir’, “Hopefully, a serious debate among the Indian public about this report will prompt the national authorities to take the matter of torture seriously and establish effective control and to act as a more responsible global citizen and cooperate with the human rights machinery at the United Nations.”

Aljazeera reported that “Human Rights bodies say India uses torture as ‘instrument of control’ to quash rebellion in Indian-administered Kashmir.”

Amnesty International reported, “The Indian government must take urgent steps for the protection of the people of Kashmir…Indian government’s historical failure to protect the people of Kashmir will keep feeding into this never-ending cycle of abuses and impunity.”

The United States, Department of States, 2022 Country Report on Human Rights Practices in India says, “According to human rights NGOs, police used torture, other mistreatment, and arbitrary detention to obtain forced or false confessions.”

It is gravely sinful for any nation to remain silent or passive over frightful human rights violations anywhere in the world, including Kashmir.

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Edmund Burke wrote that all that is necessary for the triumph of evil is for good men and women to do nothing. Bishop Desmond Tutu lectured that “Apathy in the face of systematic human rights violations is immoral. One neither supports justice and freedom or one supports injustice and bondage.”

Let me also tell you that even in today’s violent world, the behaviour of the Indian occupation regime in Kashmir is singular in so far as it has enjoyed total impunity from the restraint imposed through international action or persuasions.  No word of disapproval, much less condemnation, has been uttered by the international community. There has not been a call on India to cease and desist from the murderous course it has chosen for itself in Kashmir. Such passivity, such unfeeling and indifference, let no one blame the Kashmiris for concluding, amounts to encouragement of tyranny.

Does anyone seriously believe that if the ICC statue were ratified by India, a single Indian soldier or civilian official would ever be prosecuted before the ICC? Of course, NOT. India has sneered at international law for decades, and the international community has yawned, whether the violations were in Kashmir or with minorities within India. Although not contrary to international law, India showed itself utterly contemptuous of international moral sentiments. It stands proudly outside the mainstream of international conventions.

And the Biden Administration would do nothing to call India to account. The United Nations Security Council has sat on its hands for over 76 years over Kashmir. President Biden stood mute when he met Prime Minister Modi at the White House on June 22, 2023, and then at G20 meeting on September 9, 2023, in New Delhi, India.

He never paid any attention to the warning of Dr. Gregory Stanton, Chairman, Genocide watch who said that Kashmir was at the brink of genocide and New York-based Committee to Protect Journalists that the news media in Kashmir was at the brink of extinction. I still believe that President Biden will tell Prime Minister Modi to lead with the power of example and NOT the example of power to resolve the Kashmir conflict for the sake of international peace and security.

Dr Ghulam Nabi Fai is the Chairman World Forum for Peace and Justice

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Conflict

Shifting Sands: The Impact of the Israel-Hamas Conflict on Arab Perspectives

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Introduction

The ongoing conflict between Israel and Hamas in Gaza has far-reaching implications that extend beyond the immediate region. This article delves into how this conflict is reshaping Arab views, impacting support for America, the two-state solution, Iran, and violent resistance.

1: The Erosion of Support for America
The Israel-Hamas conflict has led to a decline in support for America among Arab nations. The perception of the United States as a neutral mediator in the region has been challenged, with many viewing its stance as biased towards Israel. This shift in sentiment has implications for American foreign policy and its influence in the Middle East.

2: The Decline of the Two-State Solution
As the conflict persists, support for the two-state solution has waned among Arab populations. The failure to achieve a lasting peace agreement has fueled scepticism about the feasibility of this long-standing proposal. Alternative solutions are being considered as hope diminishes for a resolution based on two separate states.

3: The Rise of Iran’s Influence
Iran’s support for Hamas and other militant groups has garnered increased favour among some Arab nations. As Iran positions itself as a champion of Palestinian rights and resistance against Israel, its influence in the region is on the rise. This shift has geopolitical implications and is altering alliances in the Middle East.

4: The Growing Acceptance of Violent Resistance
The Israel-Hamas conflict has contributed to a growing acceptance of violent resistance as a legitimate means of opposing Israeli occupation. This shift in attitude reflects frustration with diplomatic efforts and a belief that armed struggle may be necessary to achieve Palestinian goals. The normalization of violent resistance poses challenges for peace efforts in the region.

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Conclusion

The Israel-Hamas conflict is not just a localized struggle but a catalyst for broader changes in Arab perspectives. Support for America and the two-state solution is declining, while Iran’s influence and acceptance of violent resistance are on the rise. Understanding these shifts is crucial for navigating the complex dynamics of the Middle East and working towards sustainable peace.

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China

China’s Diplomatic Intervention in the Israel-Gaza War: A Call for Impartiality

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The recent Israel-Gaza war has caused widespread turmoil and devastation in the region. As the world struggles to come to terms with the aftermath of the conflict, China’s top diplomat, Wang Yi, has called on major countries to be fair and impartial in their approach to resolving the crisis.

Wang Yi’s comments come at a time when tensions between Israel and Palestine are at an all-time high, with both sides accusing the other of instigating the conflict. The situation has been further exacerbated by the involvement of other countries, including the US, which has been accused of taking sides in the dispute.

In his statement, Wang Yi called on major countries to “uphold justice and fairness, and push for an early end to the violence and conflict.” He also stressed the need for a “comprehensive, just, and lasting solution” to the crisis, which would involve addressing the underlying issues that have led to the conflict.

Wang Yi’s comments have been welcomed by many in the international community who see them as a positive step towards resolving the crisis. However, there are also those who remain sceptical about China’s role in the conflict, given its historical support for Palestine and criticism of Israel’s actions.

Despite these concerns, it is clear that Wang Yi’s call for fairness and impartiality is a crucial one, particularly in a conflict where emotions are running high and tensions are at their peak. If major countries can come together to support a peaceful resolution to the crisis, it could provide a much-needed ray of hope for the people of Israel and Palestine, and help to prevent further bloodshed and suffering.

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In conclusion, the Israel-Gaza war is a complex and difficult issue that requires a nuanced and comprehensive approach. China’s call for fairness and impartiality is an important step in the right direction, and it is now up to major countries to work together to find a solution that is just, lasting and ultimately serves the best interests of all those involved.

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China

Western Moves to Contain China’s Rise and The New Global Order!

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close up of globe

I. Introduction

Many Western countries are actively working to limit China’s rise to power on the global stage. Their approach involves utilizing international law and norms to create a narrative that portrays China as a potential threat to the current world order. This strategy aims to curb China’s influence and prevent it from becoming a dominant force in the international community. By constructing this narrative, Western countries hope to gain support from other nations and strengthen their positions in the global arena. However, this approach may also lead to increased tensions and conflict between China and the West.

II. Western Countries’ Efforts to Contain China’s Rise

A. Use of International Law and Norms

Western nations have strategically harnessed international law and norms to impede China’s rise. This involves leveraging their diplomatic and economic influence to mould a narrative that portrays China as a disruptor of the established global equilibrium.

B. Creation of a Narrative Portraying China as a Threat to the World Order

The West, through its geopolitical manoeuvring, has meticulously crafted a narrative painting China as a menace to the prevailing world order. This narrative, however, raises questions about its veracity, as it seems detached from objective facts and is utilized to rationalize Western aggression against China.

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C. Lack of Factual Basis for the Narrative

Scrutinizing the narrative reveals a notable absence of a factual foundation. The depiction of China as a global threat appears to be a strategic fabrication, a tool wielded to legitimize Western actions against China and rally international support.

D. Use of the Narrative to Justify Western Aggression Against China

The narrative portraying China as a threat serves as a pretext for Western aggression against the emerging global power. This aggressive stance, built on a shaky foundation, not only distorts the reality of China’s peaceful rise but also contributes to an increasingly precarious global situation.

III. China’s Response to These Challenges

A. Efforts to Create a New World Order

In response to the challenges posed by Western containment strategies, China is actively engaged in creating a new world order that prioritizes equity and inclusivity. This involves a departure from the traditional power dynamics and a quest for a more balanced and fair global system.

B. Focus on Equity and Inclusivity

China’s approach to reshaping the world order underscores a commitment to equity and inclusivity. By advocating for a fair and just global environment, China aims to foster cooperation, mutual respect, and understanding among nations.

IV. Conclusion

A. Recap of the Main Points

The central theme revolves around Western attempts to stifle China’s ascent, deploying international law and norms to construct a narrative that casts China as a global threat. tIt also analyses China’s response, emphasizing its pursuit of a new world order marked by equity and inclusivity.

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B. Final Thoughts

The Western endeavours to contain China’s rise carry significant implications for global stability. Recognizing China’s ascendancy and engaging in collaborative efforts to construct a more equitable and just world order is not only prudent but essential for fostering a harmonious and cooperative international community. As we navigate these complex geopolitical waters, the imperative is to move beyond adversarial narratives and embrace a shared vision for a better future.

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