Abdul Hameed Khan replies: The Government of India on January 01, 1948 lodged a complaint with the UNSC under Article 35 of Chapter VI of the UN Charter against Pakistan, charging it with aiding, abetting and participating in the tribal invasion of Jammu and Kashmir (J&K), which was part of India. Acting on the complaint, UNSC adopted Resolution 47 on April 21, 1948. Salient features of the resolution were:
Another resolution was passed on June 03, 1948, which reaffirmed all the previous resolutions passed by the UNSC (38, 39 and 47) and directed the UNCIP to proceed to the areas of conflict without delay.
The UNCIP did reach the Indian Subcontinent in July 1948 and urged both countries to follow the UNSC resolutions. Both the countries agreed upon the ceasefire plan and allowed UNCIP to monitor the ceasefire along the agreed ceasefire line (CFL), with effect from January 01, 1949. But, for the plebiscite to take place, Pakistan never fulfilled the first condition set by the UNSC resolution given at 3(a) above, leading to non-implementation of the rest of the resolution.
These UNSC resolutions were passed under Chapter VI (Articles 33 to 38) of the UN Charter which deals with pacific settlement of disputes. It is non-binding and advisory in nature, thus limiting the scope of any enforcement or military intervention on behalf of the UN.
After the 1971 War, India and Pakistan entered into a bilateral agreement by way of Shimla Accord of 1972, which negated the role of any third party intervention in matters of India-Pakistan relations, thereby nullifying the UNSC resolutions.
After 1972, the CFL between India and Pakistan became the Line of Control (LoC) and is held as such till date.
Posted on August 24, 2016
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