Reality check for Imran Khan: Pakistan’s top lawyer says not enough evidence on Kashmir to move ICJ

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New Delhi | Updated: Sep 03, 2019 5:26 PM

Pakistan's lawyer at the ICJ Khawar Qureshi said, "It's very difficult for Pakistan to produce high evidential threshold of genocide in Kashmir."

icj, khawar qureshi pakistan, khawar qureshi, pakistan kashmir, genocide, kashmir, imran khan, narendra modi, article 370With Pakistan failing to get traction for its belligerent stand on Kashmir, Pakistan PM had threatened to raise the Kashmir issue at every international forum, including the UNGA (Reuters/File Photo)

Imran Khan embarrassed: Pakistan’s lawyer at the International Court of Justice (ICJ) has brought major embarrassment to Prime Minister Imran Khan with his admission that Pakistan lacks significant evidence to back its claims of genocide in Kashmir. After India’s decision to abrogate Article 370 of the Constitution, Pakistan PM has pushed the rhetoric that he would take the Kashmir issue to every international forum including the ICJ.

“It’s very difficult for Pakistan to produce high evidential threshold of genocide in Kashmir, in absence of which it’s extremely difficult for Pakistan to take this case to the ICJ,” Pakistan’s lawyer at the ICJ Khawar Qureshi said in an interaction with Pakistan-based news channel, 92 News.

Qureshi argued that while India and Pakistan both are signatories to Genocide Convention 1948, the ICJ jurisdiction may not apply in this particular case. “While India and Pakistan are signatories to ‘Genocide Convention 1948’, India can still argue because this is a claim brought by Commonwealth state, the court does not have jurisdiction,” Qureshi said.

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Qureshi, who recently represented Pakistan in the Kulbhushan Jadhav case at ICJ, said the Kashmir genocide issue is different from Jadhav case as Pakistan was a signatory to Vienna Convention on Consular Relations along with additional protocol, which give jurisdiction to the ICJ in Jadhav’s case.

If Pakistan appeals at the international court, the Muslim nation will have a cumbersome task to prove the state-backed genocide in Kashmir. No country has ever established genocide against any state at ICJ since it was founded in 1945. Qureshi reminded that when genocide case was filed against Serbia Montenegro in 1993 by Bosnia, the latter failed to prove that the state was responsible for the genocide.

A devout Khan had reached out to many Muslim countries and the United States on the issue after which President Donald Trump offered to mediate in the matter. India, on the other hand, has persistently said that Kashmir is an internal matter of the country and it can resolve any conflicting claims on PoK with the neighbour through bilateral talks. Recently, Prime Minister Narendra Modi met Trump at the G7 Summit in France and both the leaders reached consensus on India’s stand that Kashmir is a bilateral matter between India and Pakistan.

With Pakistan failing to get traction for its belligerent stand on Kashmir, Pakistan PM had threatened to raise the Kashmir issue at every international forum, including the United Nations General Assembly. After Khan’s campaign failed to gather international support on the issue, he resorted to scare-mongering by invoking the nuclear powers of the two neighbours.

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