24.12.08

The case against Pakistan


India has prepared a ‘detailed dossier’, listing at least eight counts on which Pakistan has violated the UNSC resolutions.Not satisfied with Islamabad’s “token action” on the Jamaat-ud-Dawa (JuD), India has prepared a “detailed dossier” of Pakistan’s “violations” of the United Nations Security Council (UNSC) resolutions. The violations, on at least eight counts, range from non-extradition of the terror outfit’s leaders to nonprosecution of the group and its members.
Prime Minister Manmohan Singh said outside Parliament, “We would like an objective effort from Pakistan to dismantle the terror machine. The Government of Pakistan knows what it implies. We expect them, as a member of the United Nations, to comply with the resolutions passed over the years, not just ‘1267’. We want the international community to use its power of persuasion to persuade Pakistan to comply with these resolutions.” The dossier lists clause-by-clause obligations to be fulfilled by Pakistan. New Delhi plans to share this dossier with friendly nations to build international pressure on Islamabad. Para 8 of UNSCR 1540 (2004) adopted under chapter VII defined non-state actors thus:“such as those identified in the UN list established and maintained by the committee established under the Security Council resolution 1267 and those to whom resolution 1373 applies”.New Delhi says the Lashkar-e-Toiba, Jamaat-ud-Dawa, Jaish-e-Mohammad are all on the UNSC resolution 1267 list, which is essentially a list of the UN’s banned terror outfits and individuals. Now that JuD has been banned, the operative Para 8 of UNSCR 1267 (1999) becomes applicable, which “calls upon States to bring proceedings against persons and entities within their jurisdiction that violate the measures imposed and to impose appropriate penalties”.New Delhi says it is not enough to put leaders of JuD, including Hafiz Sayeed, under “house arrest”, and they must be “prosecuted.” This has been incumbent on all states “to deny safe haven to those who plan, finance or commit terrorist acts by ensuring their apprehension and prosecution or extradition”. Para 2 of UNSCR 1566 (2004) calls upon states to “cooperate fully in the fight against terrorism, especially with those states where or against whose citizens terror acts are committed,in accordance with their obligations under international law in order to find,deny safe haven and bring to justice on the basis of the principle to extradite or prosecute, any person who supports, facilitates, participates or attempts to participate in the financing, planning, preparation or commission of terror acts or provide safe havens”. New Delhi says India is a victim country and this clause makes it possible to extradite or prosecute the JuD or LeT chief Hafiz Sayeed, JeM chief Maulana Masood Azhar and Dawood Ibrahim, along with others in these terror outfits. Para 3 of UNSCR 1566 (2004) says that “criminal acts, including against civilians,committed with the intent to cause death on serious bodily injury or taking of hostages, with the purpose to provoke a state of terror in the general public,constitute offences within the scope of the international conventions and protocols relating to terrorism. It calls upon all states to prevent such acts and, if not prevented, to ensure that such acts are punished by penalties consistent with their grave nature’’.New Delhi says that the Mumbai terror attacks as well as the IC-814 hijack fit the bill here and Pakistan has a duty to prevent terrorists (nonstate actors) using its territory to commit acts of terror in India. But now,having failed there,it must now help punish those responsible. Para 1 (b) of UNSCR 1373 (2001) says States are to criminalise the “wilful provision or collection, by any means, of funds by their nationals or in their territory with the intention that the funds should be used or in the knowledge that they are to be used in order to carry out terror acts”. New Delhi says that in the last seven years, since UNSC resolution 1373 was adopted, JuD continued to raise funds freely in Pakistan for commission of acts of terrorism in India. Pakistan must now act to stop this in the future and prosecute those who have committed this crime in the past. Para 2 (a) of UNSCR 1373 (2001) makes it a duty for all states to refrain from providing any form of support — active or passive — to entities or persons involved in terror acts, including recruitment of members in terror groups.New Delhi says, once again, terror groups banned by UN have continued to recruit freely in Pakistan for the commission of acts of terror in India. Para 2 (g) asks the States to “prevent the movement of terror groups by effective border controls” by land, sea and air.
New Delhi says Pakistan has permitted terror groups in its territory to cross into India — via sea — and commit terror acts. It must act to stop any recurrence. Para 24 of UNSCR 1822 (2008) asks all member states to give updates on operating status of listed entities or groups.New Delhi says Pakistan never gave any such information in the past, and has violated its obligation.

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