• Abstract and Figures
• Public Full-text

EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE THE HINDU DELHI TUESDAY, JANUARY 14, 2020 OPED 11 EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE Is a new India rising? In the name of self-defence The U.S. strike in Iraq that killed Soleimani was in violation The new generation is laying down its own terms for the country’s future discourse of UN norms proscribing such unilateral use of force count: there are protests in Hydera­ bad University, Jadavpur University, resort to unilateral use of force, a stricter and Banaras Hindu University, the Indian restricted notion of the right to self­defence Institutes of Technology, Aligarh is perhaps more appropriate. Muslim University, Jamia Millia Isla­ Those arguing in favour of a right to antici­ mia, Delhi University and even in patory self­defence, however, stress on its Harbans Mukhia some of the safe and secure private customary character and frequently refe­ universities. Jawaharlal Nehru Un­ Jay Manoj Sanklecha rence the Caroline incident. In 1837, British iversity is an outstanding instance of militia from Canada crossed into U.S. to set The tsunami of protests across the standing up to repression for over ablaze the ship Caroline, which had been length and breadth of the country four years now. Repression in any The killing of Iranian General Qassem Solei­ used to ferry American insurgents that had has several fascinating facets. Are case is not the most durable of all mani near Baghdad in drone strikes carried mounted attacks in Canada. In diplomatic there any significant pointers in it? forms of governance; this is one of out by the U.S. earlier in January raised the correspondence following the incident, the First and foremost, these are history’s abiding lessons. The wider spectre of war in West Asia. Later, U.S. Presi­ U.S. Secretary of State noted that Britain clearly the civil society’s autono­ society is waking up to the limits of dent Donald Trump threatened to attack cul­ must show “a necessity of self­defence, in­ mous protests, devoid of any organic repression as state policy and tural sites in Iran in the event of reprisals by stant, overwhelming, leaving no choice of links with any political party. Barring responding. Tehran. The next week, Iran retaliated by means, and no moment of deliberation”. In issuing some statements in support carrying out missile attacks on two facilities reality, the destruction of Caroline was a res­ or occasional visits by leaders to a Quality of leadership housing U.S. troops in Iraq. These incidents ponse to an attack and its expansion rather protest site, even political parties One of the most endearing aspects of give rise to some interesting legal questions: than for averting any not­yet­mounted at­ have kept themselves at a distance the current wave of protests is the ex­ Was the U.S. attack on Soleimani legally justi­ tack. Moreover, the incident took place be­ from these protests. Underlying the emplary quality of leadership dis­ fied? And can cultural sites be legitimately at­ fore the conception of the UN Charter. autonomy is perhaps an unarticulat­ played by students from the under­ tacked in any armed U.S. response? ed feeling that the issues evoking the privileged social strata . Kanhaiya Under international law, there is a general An anticipatory move protests go beyond electoral battles; Kumar has become a national figure prohibition on the use of force, articulated in Nevertheless, contemporary Western scho­ that these concern the very life and thanks largely to the Modi govern­ Article 2(4) of the UN Charter. The Article larship, in view of the rise of terrorism and blood of society’s future. There is al­ ment’s atrocious handling of his proscribes any use of force by members advancement of weapons technology, conti­ so an unarticulated assumption that “crime” which enabled him to de­ against the “territorial integrity or political nues to advocate for a right to anticipatory the solution lies beyond the ken of monstrate his extraordinary oratori­ independence” of a state. However, the self­defence. However even assuming that one or the other political party or in­ cal skill and his clear­headed per­ Charter recognises two limited exceptions : any such right has come into fruition, its con­ deed all parties together. Therefore, “The conflict is no longer between the BJP and the Opposition parties’ vote spectives to put forward his case first, in the use of force by a state in the law­ tours are to be narrowly understood. As indi­ reliance on a party or a group, any banks; it is now firmly situated between the BJP government and the people with almost devastating ease. It is fas­ ful exercise of its right to self­defence; and cated, the threat of an armed attack must be group, might end up in diversion, of India.” Students of Jamia Millia Islamia stage a candlelight vigil against the cinating that the extempore slogan second, when such an act is carried out with so imminent that the need to act in self­de­ which often becomes equivalent of CAA­NPR­NRC at Shaheen Bagh in New Delhi on January 3. * PTI he raised on the JNU campus for the prior authorisation of the UN Security fence should be “instant, overwhelming, betrayal. The one possible link with “azadi” on his release from jail in Council (UNSC) and acting pursuant to the leaving no choice of means, and no moment political parties is perhaps a poten­ 2016 has now become the national Council’s emergency powers “to maintain or of deliberation”. The legality of the Trump tial realisation by them that they ing also is the Muslim community’s purpose, which could also be called war cry for students and the youth. restore international peace and security”. administration’s decision to target Soleimani might be left aside by the people if refusal to fall for the strategy of mak­ brainwashing, failed to persuade But he is one among innumerable through drones in Iraq would, therefore, they keep the distance intact — a case ing their identity dichotomous with them, nor has the repeated assertion other emerging leaders of student Without prior consent hinge on the disclosure of facts with regard of people leading the parties instead their Indian identity; the Muslims by Home Minister Amit Shah of not movements across the country. It is The use of force by the U.S. in Baghdad to kill to the imminence of a planned attack. More­ of the other way round. have instead sought to assert their re­ budging an inch deterred them. heartwarming to see young women Soleimani without prior consent from Iraq over, the administration will have to show ligious identity in full concert with One of the most vociferous charg­ taking up verbal, and now even phys­ or the UN was, hence, a violation of such that the strike was proportional to such (im­ The power of resistance their Indian national identity by es made against the government has ical, challenges to articulate their proscription, unless the U.S. can justify it as minent) armed attack and necessary to res­ A consequence of civil society’s di­ flaunting both at the same time, been its grave attempt to prevent stu­ feelings and thoughts lucidly, fear­ a lawful exercise of its right to self­defence. pond to it. It will also have to justify its use of rect involvement is that it is refusing which in any case is far truer than the dents and others from questioning it lessly and forcefully. JNU Students’ Not surprisingly, the Donald Trump admi­ force in Iraqi territory and prove that Bagh­ to buy the current regime’s divisive one which counterposes the two. by simply branding such people as Union president Aishe Ghosh has nistration was quick to claim that the killing dad was either unable or unwilling to pre­ Hindu­Muslim formula. This formula The resistance from the students “anti­nationals” of which various once again occupied premier space was in exercise of its right to “anticipatory” vent the imminent attack. Finally, the U.S. has already fetched the National De­ is an amazing aspect even as it is wise equivalents have been newly minted: on this front, thanks again to the mis­ self­defence. Mr. Trump claimed, without will have to provide an explanation for the mocratic Alliance two terms in Par­ to remind ourselves that their com­ “anti­Modi”, “anti­Hindu”, “Urban handling by the Modi regime. One al­ any further elaboration, that Soleimani was use of drones during peacetime, which re­ liament but seems to have hit a wall. munity has been the most energetic Naxal”. The government has also un­ so comes across a large number of planning “imminent and sinister” attacks sulted in collateral casualties. Resistance began with society’s res­ element in India’s various resistance leashed a barrage of filthy abuse and such promising student leaders on against U.S. diplomats and personnel. Further, Mr. Trump’s specific threat to tar­ ponse to uncalled­for police brutality movements — and for that matter el­ threats on social media through a local channels speaking in their local The legal basis for “anticipatory” self­de­ get cultural sites in Iran was in breach of the on students in Jamia Millia Islamia sewhere around the world, whether highly organised IT machine under language. This is where one sees pro­ fence remains deeply controversial and con­ 1954 Hague Convention for the Protection of and Aligarh Muslim University. And in the anti­colonial struggles in Asia, the BJP’s control. A good segment of mise of a new generation refusing to tested. There are both legal and policy argu­ Cultural Property during armed conflict.

Load more

  10

Copy Link