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Long thread. Trigger Warning: War Crimes
A war crime is a war crime and should be prosecuted irrespective of the insignia worn by the preparator. The nail-studded iron rods used by the Chinese People's Liberation Army (PLA) as weapons against the Indian army 1/n
A war crime is a war crime and should be prosecuted irrespective of the insignia worn by the preparator. The nail-studded iron rods used by the Chinese People's Liberation Army (PLA) as weapons against the Indian army 1/n
falls within the prohibited warfare as laid down in Art 35 of Additional Protocol I to the Geneva Conventions. It’s absolutely essential to raise these issues and hold the members of PLA accountable for violation of international law. 2/n
However, can the protection of law be invoked only when you are a victim and not face its consequences when you are a perpetrator? As a great Indian PM (pun intended) once said ‘Hypocrisy ki b koie seema hoti hai” (There’s a limit to hypocrisy). 3/n
Here are some of the war crimes committed on presumably Indian citizens (Kashmiris) by armed forces (not belonging to PLA). I won’t even try to rack up the issue of mass blinding by pellet guns, abuses faced by women and children to appeal to your emotions. 4/n
And I hope a familiar insignia doesn’t hurt your fragile ego. 5/n
1. Pillage: Pillaging a town or place, even when taken by assault constitutes a war crime.
Law: Rule 52 of Customary IHL, Lieber Code, Art 44, Hague Regulations, Art 28 6/n
Law: Rule 52 of Customary IHL, Lieber Code, Art 44, Hague Regulations, Art 28 6/n
Reference: Srinagar Encounter: Houses Burned and Looted, Used as Human Shields Allege Residents ( https://thewire.in/rights/kashmir-srinagar-encounter) 7/n
2. Human Shield: Utilizing the presence of a civilian or render certain points, areas or military forces immune from military operations is a war crime.
Law: Rule 97 IHL, Third Geneva Convention, Art 23; Fourth Geneva Convention, Art 28 and Additional Protocol I, Art 51(7) 8/n
Law: Rule 97 IHL, Third Geneva Convention, Art 23; Fourth Geneva Convention, Art 28 and Additional Protocol I, Art 51(7) 8/n
Reference: Offence committed and openly defended. “Why Indian army defended Kashmir 'human shield' officer” ( https://www.bbc.co.uk/news/world-asia-india-40103673)
Follow-up 1: Indian award for Kashmir 'human shield' officer ( https://www.bbc.co.uk/news/world-asia-india-40008876) 9/n
Follow-up 1: Indian award for Kashmir 'human shield' officer ( https://www.bbc.co.uk/news/world-asia-india-40008876) 9/n
Popular culture: Human shield incident recreated with awe in a Bollywood movie. ( https://www.thequint.com/ …/baaghi-2-tiger-shroff-human-shie…)
Follow-up 2: Human shield incident glamorised on T-shirts.
( https://www.aljazeera.com/ …/outrage-bjp-leader-sells-kashmi…). 10/n
Follow-up 2: Human shield incident glamorised on T-shirts.
( https://www.aljazeera.com/ …/outrage-bjp-leader-sells-kashmi…). 10/n
3. Protection of Sick and Wounded: Medical Units, Medical personal to be protected in all circumstances
Law: Rule 26, 27, 28; Hague Regulations 1899 and 1907, Art 27, First Geneva Convention, Art 19, Additional Protocol I, Art 12. 11/n
Law: Rule 26, 27, 28; Hague Regulations 1899 and 1907, Art 27, First Geneva Convention, Art 19, Additional Protocol I, Art 12. 11/n
Reference: “Indian Security Forces attack the Ambulances and the Hospital”: Kashmir under a state of emergency.
( http://www.raiot.in/indian-security-forces-attack-attacking…)( https://www.hindustantimes.com/ …/story-bCmMFbQZl4x6bzzl4jXT…) 12/n
( http://www.raiot.in/indian-security-forces-attack-attacking…)( https://www.hindustantimes.com/ …/story-bCmMFbQZl4x6bzzl4jXT…) 12/n
4. Treatment of Dead: International law prevent the dead from being despoiled and prohibits the mutilation of dead bodies. The dead must be disposed of in a respectful manner and their graves respected and properly maintained. 12/n
Law: Rule 115, Rule 113 of IHL First Geneva Convention, Art 15; Second Geneva Convention, Art 18; Fourth Geneva Convention, Art16. 13/n
Reference: Outrage as photo of Army dragging body of JeM ultra in Jammu and Kashmir's Reasi goes viral.
( https://www.newindianexpress.com/ …/outrage-as-photo-of-army…) 14/n
( https://www.newindianexpress.com/ …/outrage-as-photo-of-army…) 14/n
5. Return of Remains of the Dead: Remains of the deceased to be returned upon request of the party to which they belong or upon the request of their next of kin. They must return their personal effects to them. 15/n
Law: Rule 114 of IHL, First Geneva Convention, Art 17; Third Geneva Convention, Art120; Fourth Geneva Convention, Art 130; Additional Protocol I, Article 34(2) and (3). 16/n
Reference: Kashmir: Families of Slain Militants Allege Bodies Buried in Distant Unmarked Graves ( https://thewire.in/rights/kashmir-militants-encounter-bodies-buried) 17/n
The idea of justice fails when the calls for the same are selective. Selective outrage, my dear, makes you no different from the preparator. 18/18.
