COURSE MANUAL

Kashmir, Counterinsurgency & International Law: Armed Conflict & Permanent Emergencies

Picture courtesy: Kashmir Pop Art, in Zanaan

Wanaan, "Revisiting Dispossession and Loss in Kashmir." The Cover Art Explainer can be seen

here.

Course Instructor: Aman

Assistant Instructor: Nawal Hend

Fall 2021 (Academic Year 2021-2022)

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This document is prepared by the course instructor and contains basic information relevant to the execution of the course. It is the official record for all intends and purposes as far the elective course, Kashmir, Counterinsurgency & International Law: Armed Conflict & Permanent Emergencies, is concerned. This course manual can be used as a general guide to the subject. However, the instructor can modify, extend or supplement the course (without tampering its basic framework and objectives) for the effective and efficient delivery of the course. The instructor will provide students with reasons and due notice for such changes.

Part I General Information

Course Title: Kashmir, Counterinsurgency & International Law:

Armed Conflict & Permanent Emergencies

Course Code:

Course Duration: One Semester (15 weeks)

Number of credits: 4 Credits

Level: Undergraduate and Postgraduate

Medium of Instruction: English

Pre-requisites: Public International Law

Equivalent courses: Nil

Cross-Listed Course: No

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Part II

1. Course Description “the smallest unit of time in Kashmir is a siege” – Uzma Falak1

In 2019 when Abhinandan Varthaman of the Indian Air Force was held captive by Pakistan, the questions about the application and protections under international humanitarian law applicable to armed conflicts entered popular opinion pieces in dailies. The same was the situation when discussions on India-China “standoff” happened recently. However, the question about the application of, and consequent need to extend such protections have been drastically missing in discussions when India’s own actions have been in question in relation to the counter-insurgency operations in the Indian administered state of Jammu and Kashmir (JK).2 India has, however, always refrained from calling it an occupation, or even an armed conflict – and has always categorised the situation as a “law and order” problem which vacillates between “peace” and “unrest”.3

1 the smallest unit of time in Kashmir is a siege: chronicle of days and nights as prison cells available at: https://adimagazine.com/articles/the-smallest-unit-of-time/ . Excerpt from the work can be seen in the image alongside the text. 2 For instance, see Shrimoyee Nandini Ghosh, Kashmir: Let's Call a War by its Rightful Name (Wire, 2016) available at: https://thewire.in/law/kashmir-lets-call-war-rightful-name (“Let's Call a War by its Rightful Name”); Shrimoyee Ghosh (TWAILR Reflections, 2020), Crisis Constitutionalism, Permanent Emergency and the Amnesias of International Law in Kashmir available at: https://twailr.com/crisis-constitutionalism-permanent-emergency-and-the-amnesias-of-international-law-in-jammu-and-kashmir/ (“Crisis Constitutionalism”); Aman, Militant bodies in Kashmir: Finding humanity in a state of many exception (Leaflet, 2018) available at: https://www.theleaflet.in/militant-bodies-in-kashmir-finding-humanity-in-a-state-of-many-exceptions/. 3 Ibid.

the smallest unit of time in Kashmir is a siege: chronicle of days and nights as prison cells available at: https://adimagazine.com/articles/the-smallest-unit-of-time/

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This is also an irony since one can’t escape how words like “occupation”, counter-insurgency and conflict4 form part of common vocabulary and conversations. Added to that, the scale of resistance5 (and the violent clamp down on it)6 aside in a place which happens to be stuck in an endless war7 centered around text-book issues of a contested title, and self-determination – that too in one of the most militarised places in the world,8 and about a conflict that was one of the first few to be placed before the United Nations. It’s also worth noting that many say that the Indian legal regime (the Constitution, martial and wartime/security laws, caselaw, executive notifications ) effectuates what many call a “permanent emergency” which is made visible, inter alia, through preventive detentions, internet blackouts, impunity, suspension of habeas corpus and other instances of everyday militarisation.9 This is another aspect of the conflict that deserves more attention. The course aims to unpack such counterinsurgency, and see the role of public international law has in understanding, and responding to such a context better. To that end, among other things, it aims to find space for the context in public international law; and also comment, and critique on questions of the application of human rights and humanitarian law. 2. Course Aims The course aims to give participants an opportunity to learn (and sometimes unlearn) about the context the course is situated in, and the issues discussed above; and be able to speak to questions on the use and abuse of law, particularly international law – often employing a critical, context-sensitive, interdisciplinary lens. In doing so, a big challenge one also faces with public international law (or the study of many disciplines generally) is often is how the examples look alien and how international law (much like other law) or the ground to argue is a gift from a world that is not

4 Haley Duschinski & Mona Bhan (2017) Introduction: law containing violence: critical ethnographies of occupation and resistance, The Journal of Legal Pluralism and Unofficial Law,49:3, 253-267; Conversations between Kartik Murukutla and Parvaiz Bukhari, Is Kashmir under military occupation? Why that’s not rhetoric and why it’s important to answer the question (Polis Project) available at: https://www.thepolisproject.com/is-kashmir-under-military-occupation-why-thats-not-rhetoric-and-why-its-important-to-answer-the-question/#.YOMkjC8RqqB; 5 Mona Bhan, Haley Duschinski, Ather Zia, “Rebels of the Streets” Violence, Protest, and Freedom in Kashmir: Introduction, available at: https://jan.ucc.nau.edu/~sj6/Rebels_of_the_Streets_Violence_Protest.pdf 6 See, OHCHR (2018) Report on the Human Rights Situation in Indian Administered and Pakistan Administered Kashmir available at: https://www.ohchr.org/Documents/Countries/IN/DevelopmentsInKashmirJune2016ToApril2018.pdf and OHCHR (2019) Update on the Human Rights Situation in Indian Administered and Pakistan Administered Kashmir available at: https://www.ohchr.org/Documents/Countries/PK/KashmirUpdateReport_8July2019.pdf. 7 Let's Call a War by its Rightful Name, supra; Crisis Constitutionalism, supra. 8 JKCCS (2017), Structures of Violence available at: https://jkccs.net/structures-of-violence-the-indian-state-in-jammu-and-kashmir/. 9 Crisis Constitutionalism, supra.

Image credits: https://twailr.com/teaching-

international-law-between-critique-and-the-

canon/

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necessarily one that we inhabit and relate to. In fact, for a course like, this, one may just not find that there is enough “space” that international law has provided.10 We hope to change a bit of that – and not “mechanically integrate” ourselves into an understanding of the development and working of such international law. Added to the issue of space, the course aims to give the participants a view of things centring experiences, histories of people as much as possible. While there are obvious issues of appropriation to navigate,11 as pointed by a similar endeavour, it hopes to lead one to a broader understanding “of the modern state, occupation, nationalism, sovereignty, militarization, social movements, resistance, human rights, [and] international law….”12 The course aims at this more specifically in an Indian law school and in the times we are in, where information about the context has to travel through impervious checks of control over narratives.13 In fact, as Uzma Falak writes in “The Last

Call: Audio Postcards from Kashmir”, and depicts in her audio post card below – “As the state continues to wage war and render Kashmir ‘sound-less’ masking people’s voices with the noise of extremist nationalism echoing across newsrooms, parliament, bureaucracies, business houses, Bollywood, advertisements, academia and militia, these audio postcards, a resistance

against the imposed soundlessness, are roaring testimonials of people’s defiance—cenotaphs being built in our resonant memory.”14 3. Teaching Methodology For us, though might appear rhetorical, but the course demands discussion, challenge, and critique. The idea of classroom and how we wish to study international law (now and in future) resonates with many things that are better described by Mohsen al Attar and Mia Koning in this small graphic art in their work “Education for Emancipation”.15 A tiny excerpt for the same can be seen below:

10 See, Aman, The Other Story: Part 1 and 2 (July 2020) available at: https://internationallawandtheglobalsouth.com/guest-post-the-other-story-part-i/ and https://internationallawandtheglobalsouth.com/the-other-story-part-ii/ . 11 Ibid. 12 The Kashmir Syllabus, available at: https://standwithkashmir.org/the-kashmir-syllabus/ 13 Hilal Mir, A War Against Words (2020), available at: https://adimagazine.com/articles/war-against-words/. 14 Uzma Falak, The Last Call: Audio Postcards from Kashmir, available at: http://www.warscapes.com/poetry/last-call-audio-postcards-kashmir 15 Mohsen al Attar and Mia Koning , “Education for Emancipation”, (Spring 2011, Trade Law and Development) available at: http://www.tradelawdevelopment.com/index.php/tld/article/viewFile/3%281%29%20TRADE%20L.%20%26%20DEV.%20266%20%282011%29/79)

Image courtesy:

The Last Call: Audio Postcards from Kashmir

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I see this course to have a similar approach – albeit not with the expectation that everyone comes to the same conclusion. That said, it is still warranted that everyone (including the instructor) participating this course must continuously reflect, and even challenge themselves. This would involve an honest attempt at reading diverse materials (even news and reporting of events more critically) – sometimes going outside the prescribed list, and often exploring inter-disciplinary materials. While the instructor will use the lectures to introduce ideas and provide possible directions for thought, the “reflection” and the “challenge” will also be aided through engagements with ideas and others – through discussions, seminars, tutorials and assessments. It is also the hope of the Instructor and the Assistant Instructor to be available in an effective mentoring role. P.S: The instructors intend to use power point presentations to structure the class – and to reflect on some readings and events together. The slides, however, have rarely helped as notes. 4. Intended Learning Outcomes Course Intended Learning Outcomes

Weightage in %

Teaching and Learning Activities

Assessment Tasks/ Activities

Have familiarity with the application, promise, criticism and limitations of humanitarian law along with its intersections with international human rights law

35%

Survey of reading materials, lectures, discussions, formative assessments like: seminars and tutorials. There may also be some guest lectures.

Students’ ability to grasp and critically evaluate the topics/issues discussed in the syllabus will be tested through the range of assessments discussed below under (6).

Appreciate the nature of some historical and contemporary “slow” conflicts across the world, be familiar with terms/concepts like asymmetric conflicts, occupations, permanent emergencies and be able to draw parallels and distinctions with other contexts

35%

Be able to appreciate the relevance of the aforementioned concepts with respect to such

30%

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Course Intended Learning Outcomes

Weightage in %

Teaching and Learning Activities

Assessment Tasks/ Activities

territories centring the experiences of the people in the context

5. Grading of Student Achievement To pass this course, students must obtain a minimum of 40% in the cumulative aspects of coursework, e.g. internal assessments and final examination. End of semester examination will carry 50 marks or 30 marks, as the case may be, out of which students have to obtain a minimum of 30% to fulfil the requirement of passing the course. The details of the grades as well as the criteria for awarding such grades are provided below in the Grade Sheet below. 16,17

Letter Grade

Grade Value

Percentage Of marks

Grade Definitions

O 8 80 and above Outstanding

Exceptional knowledge of the subject matter, thorough understanding of issues; ability to synthesize ideas, rules and principles and extraordinary critical and analytical ability.

A+ 7.5 75 to 79 Excellent

Sound knowledge of the subject matter, thorough understanding of issues; ability to synthesize ideas, rules and principles and critical and analytical ability

A 7 70 to 74 Very Good

Sound knowledge of the subject matter, excellent organizational capacity, ability to synthesize ideas, rules and principles, critically analyse existing materials and originality in thinking and presentation

A- 6 65 to 69 Good Good understanding of the subject matter, ability to identify issues and provide balanced

16 Under extraordinary circumstances, the JGU Academic Council or the JGU Deans’ Council can suspend

the grading criteria or make it optional. If the grading criteria are suspended, the policy which will be framed by the School based on the decision of the said bodies will prevail over the grading criteria. However, whether a situation is extraordinary or not will be decided by the said bodies only.

17 Due to the COVID-19 pandemic, the Office of Academic Affairs may suggest changes/amendment or suspend certain policies relating to the number of assessments and other examination related policies.

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solutions to problems and good critical and analytical skills

B+ 5 60 to 64 Fair

Average understanding of the subject matter, limited ability to identify issues and provide solutions to problems and reasonable critical and analytical skills.

B 4 55 to 59 Acceptable

Adequate knowledge of the subject matter to go to the next level of study and reasonable critical and analytical skills.

B- 3 50 to 54 Marginal

Limited knowledge of the subject matter and irrelevant use of materials and, poor critical and analytical skills

P1 2 45 to 49 Pass 1 Pass with Basic understanding of the subject matter.

P2 1 40 to 44 Pass 2 Pass with Rudimentary understanding of the subject matter.

F 0 Below 40 Fail

Poor comprehension of the subject matter; poor critical and analytical skills and marginal use of the relevant materials. Will require repeating the course.

NEW COURSE LETTER GRADES AND THEIR INTERPRETATION

Letter Grade

Percentage of Marks

Grade Points

Interpretation

P1 45 - 49 2 Pass 1: Pass with Basic understanding of the subject matter.

P2 40 - 44 1 Pass2: Pass with Rudimentary understanding of the subject matter.

F Below 40 0

Fail: Poor comprehension of the subject matter; poor critical and analytical skills and marginal use of the relevant materials. Will require repeating the course.

P Pass

‘P’ represents the option of choosing between Pass/Fail grading system over the CGPA grading system in the COVID 19 semester in Spring 2020. The option is provided when students attain a minimum of 40 percentage marks under the current grading structure in a given subject.

I Incomplete Extenuating circumstances preventing the student from completing coursework assessment, or taking the examination; or where

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NEW COURSE LETTER GRADES AND THEIR INTERPRETATION

Letter Grade

Percentage of Marks

Grade Points

Interpretation

the Assessment Panel at its discretion assigns this grade. If an "I" grade is assigned, the Assessment Panel will suggest a schedule for the completion of work, or a supplementary examination.

6. Criteria for Student Assessments Assessments designed are both formative, and summative and will be based on the following criteria. This will be discussed in class before the same is finalized. The assessment, for now, has been split into the following components to give students multiple opportunities and methods to present their learning, keeping in mind the aims and learning outcomes of the course and the different aptitudes/preferences.

Assessment Weightage Remarks Tentative Timeline

& Plan Seminar 20 marks Certain classes (to be discussed)

will be reserved to discuss a list of questions released by the instructor which will tie into the modules under study. A group of students are expected to prepare on the said questions and steer the discussion. The materials in the course manual will be sufficient for the same.

Seminar week. Particulars will be finalised after discussion.

Tutorial 50 marks [40 (a) + 10 (b) marks]

a. Research/reflection paper of about 1200 words. The expectations from the said exam will be set in light of what can be reasonably expected from students in such times. It primarily aims to test the critical/analytical skills on concepts which have been introduced through discussions in class, and/or readings in the manual. Metrics to evaluate the essays will include identification of the issue; familiarity and

Particulars will be finalised after discussion.

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Assessment Weightage Remarks Tentative Timeline

& Plan the understanding of tools, concepts involved survey and review of relevant literature introduced in class and/or the manual; analysis, argumentation and persuasiveness. Students are not just free, but also encouraged to rely on literature outside the ones suggested.

b. This will be accompanied by an individual viva. I will also take this opportunity to give feedback on the work and raise questions/clarifications on the work of the student.

Take Home End-Term Exam

30 marks The final assessment will require candidates write two small essays (750 words – 800 words each) on a few cross-cutting themes explored in the course. The expectations from the said exam will be set in light of what can be reasonably expected from students in such times.

Particulars to be discussed later

Please note: 1. The formation of groups (where applicable and required), and the dates/deadlines will for most assignments be finalised in the first two weeks after receiving inputs from students. 2. Deadlines – Deadlines, as far as possible, will be set in consultation with the students in the first week or two. Such deadlines, wherever applicable, shall be duly respected. For written submissions, we intend to have a ‘soft deadline’ for submission which is one after which we will continue to accept submissions, albeit with a penalty attached. A ‘hard deadline’ is the last date on which we will accept submissions, after which we will not accept any assignments submitted. This will usually be 24 hours after the soft deadline. All deadlines will be based on the time at which we receive them, via email or a method

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prescribed. Penalties will be accorded for delay in submission between the soft deadline and the hard deadline. The penalty attached will be as follows: Total marks for the assignment

40 marks

From the soft deadline to 12 hours after the deadline

3 marks

From 12 hours after the soft deadline to the hard deadline

1 mark per hour

If the marks for the assignment vary, a separate gradient will be communicated. 3. Flexibilities - Alternative forms of assignments are not going to be provided unless there are exceptional reasons to do so – especially because the mode, methods will also be finalised after discussions with all. In case a student is not able to submit/attend an assignment, due to medical leave approved by the University, or a co-curricular activity such as a moot or other competition, they may request a different deadline for the submission of the assignment/alternative test and such request may be accommodated on case to case basis. Such request also needs to be made well in advance to be accommodated. In cases, where no such flexibility is needed or could have been resolved through prior intimation – the request will necessarily be denied. For the tutorial and seminar (or where applicable), delays/ alternative dates/tests will also not be available. In case of a delay in deadline, a request for a changed deadline must be sent via email before the original submission deadline, and sufficient notice needs to be given. The granting of a delayed submission date is discretionary and will only entertained if there are good reasons to believe that it would not be possible for the student to submit the assignment on the said date. Similarly, allowing an alternative test and how that will be conducted is going to be the decision of the course administrators. Goes without saying: It is the sole responsibility of the student to ensure that they are not missing these and administrators will not be following up with them. Special flexibilities attached to COVID and online methods - Though an Action Plan is yet to be announced and times we are in are very unpredictable, any flexibility offered over the last three semesters, and which may be, as far as applicable, continued this semester will be seen as an attempt to solve genuine concerns students (and in many case teachers) have been facing in the unusual times that we are in; and a possible effort towards bringing in an equitable system for us all. Quite logically, out of abundant caution, it’s worth a mention that this must not be seen as an avenue or race towards making better out of adversity - simply put, it cannot be seen as an opportunity to make “O”s. In particular, scaling up of internals, if allowed, will be done in very exceptional and on individual basis and not for the entire class. Besides the philosophy behind that is discussed above, there are many reasons why this is going to be the case:

1. Flexibilities are built into this course right from the beginning. To suit all aptitudes and have less work, assignments are of various kinds and with very clear

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expectations and instructions. Deadlines (which will be wide enough ) and formats are all decided in consultation with the class.

2. One still has the end term component which has to be attempted as per University Policy. So one can, if they feel they have not done as well, try with the end term examination.

3. Many concerns can be otherwise handled/managed by adopting a pass/fail, or by

sitting for an improvement or also by requesting for an “incomplete grade” That said, it is strongly encouraged that everyone who may need some accommodation to speak to the course administrators at the earliest – either directly or through your class representatives or the DSC. Also the accommodations, if any, will be made after understanding individual circumstances, why the above conditions do not mitigate the problem and only after a discussion. In no case (even if scaling up is allowed) anyone who fits the criterion will be allowed to scale up, after having attempted all internal components. Basically, one can't discard a score after attempting an exam. Goes without saying that – some of these policies may change based on how the semester progresses. It’s tough to replicate all that could have been normally achieved or experienced. Please do take care of yourselves – at such times, that is the most important thing.

Part IV Course/Class Policies

Attendance To make this effort fruitful, students are highly encouraged to participate in class, questions structures, challenge the instructors and each other in class. And most importantly, give this course an honest chance (if it doesn’t interest you already). All of this would require effective participation in class – and thus your attendance. From the previous interactions in a similar course – learning was greatly achieved by participation in class. However, online classes can indeed get tedious – to that end, if you do take breaks, its strongly advised to follow up on the recordings sooner than later. Having said that, if the University has a policy for attendance –in terms of recording attendance and communicating the same (if the policy so demands), the same will be respected. Housekeeping rules about such recording will be discussed based on the policy the University adopts this semester. Academic Integrity and Plagiarism Learning and knowledge production of any kind is a collaborative process. Collaboration demands an ethical responsibility to acknowledge who we have learnt from, what we have learned, and how reading and learning from others have helped us shape our own ideas. Even our own ideas demand an acknowledgement of the sources and processes through

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which those ideas have emerged. Thus, all ideas must be supported by citations. All ideas borrowed from articles, books, journals, magazines, case laws, statutes, photographs, films, paintings, etc., in print or online, must be credited with the original source. If the source or inspiration of your idea is a friend, a casual chat, something that you overheard, or heard being discussed at a conference or in class, even they must be duly credited. If you paraphrase or directly quote from a web source in the examination, presentation or essays, the source must be acknowledged. The university has a framework to deal with cases of plagiarism. All form of plagiarism will be taken seriously by the University and prescribed sanctions will be imposed on those who commit plagiarism. While tools such as Turnitin will be used, the final discretion for evaluating the extent of plagiarism is entirely with the course administrator especially with internal assessments. For instance, it will be plagiarism if the administrators feel that an assignment has absolutely no original content and has only paraphrased or copied thoughts and ideas of others. Similarly, students copying each other’s assignments will be treated in the same manner as other plagiarised assignments. Severe penalties will be imposed for plagiarism up to and including awarding zero marks for the assignment. Notwithstanding what is mentioned above, if the percentage of plagiarism is 26% to 49% on Turnitin, the penalty will be deduction of marks in internal assessments. If the percentage of plagiarism is 50% or above, Fail grade will be given to the student in the assessment. At no pint, the determination is done purely by the number but by looking at the report generated. For end semester examination, the University policy will be respected. Disability Support and Accommodation Requirements JGU endeavors to make all its courses accessible to students. All students with any known disability needing academic accommodation are required to register with the Disability Support Committee (email: dsc@jgu.edu.in). The Committee has so far identified the following conditions that could possibly hinder student’s overall well-being. These include: physical and mobility related difficulties; visual impairment; hearing impairment; medical conditions; specific learning difficulties e.g. dyslexia; mental health. The Disability Support Committee maintains strict confidentiality on the matters under its purview. Students should preferably register with the Committee during the month of June/January as disability accommodation requires early planning. DSC will coordinate all disability related services such as appointment of academic mentors, arranging infrastructural facilities, and course related requirements such as special lectures, tutorials and examinations. Faculty members will refer students with any of the above-mentioned conditions to the Disability Support Committee for getting them disability-related accommodation. They are expected to be sensitive to the needs of such students and cooperate with Disability Support Committee and the School, extending students the necessary support by maintaining utmost confidentiality of the matter.

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Safe Space Pledge This course may discuss a range of issues and events that might result in distress for some students. Discussions in the course might also provoke strong emotional responses. To make sure that all students collectively benefit from the course, and do not feel disturbed due to either the content of the course or the conduct of the discussions. Therefore, it is incumbent upon all within the classroom to pledge to maintain respect towards our peers. This does not mean that you need to feel restrained about what you feel and what you want to say. Conversely, this is about creating a safe space where everyone can speak and learn without inhibitions and fear. This also implies that the classroom (and even activities associated with the course outside class) will not be a place where there can be any tolerance for bullying, and harassment in the class. Goes without saying that this responsibility lies not only with students, but also with the administrators. P.S.: The course administrators, as part of introducing the course manual, will discuss the scope of the Safe Space Pledge with the class. Class as a democratic space The class is democratic space – where the administrators are also also looking towards constructive feedback and one is encouraged to let them know what you feel could work better. Administrators are happy to engage with the same, and adopt them if they are within their limits. Cognizant the position of power that of teachers, the administrators also realise that it may not always be very comfortable to express the same. For the same – they will try and have a method in place which will also be discussed in class. Cell Phones, Laptops and Similar Gadgets – “Yea, Nay or A Third Way?”18 This will be applicable to physical classes if they resume this semester.

Quite like one of the opinions in the piece cited, the attention of students is actually something teachers can or should control in physical classrooms – especially when engaging with adults. It is also not correct or possible to control and/or frown upon every distraction. However, considering that we do make a choice to come to class, and that our collective endeavour to learn is contingent on an effective communication, it may be useful to resist distractions that come easy. In that spirit, phones, electronic devices should, in most circumstances, should be used to access readings, note-making purposes or for presenting readings in class. Having said that, any such use should be empathetic to the person talking, and should definitely not be disruptive, and a distraction for others.

Online classes: What is expected of students in the class? The easy part: Online classes will be at times mentioned in the scheduled time-table using Microsoft Teams, until there is a change in plan. One will be expected to join the link that the IT will communicate/would have communicated.

18 Anya Kamenetz, Laptops And Phones In The Classroom: Yea, Nay Or A Third Way?, NPREd – January 2018 available at: https://www.npr.org/sections/ed/2018/01/24/578437957/laptops-and-phones-in-the-classroom-yea-nay-or-a-third-way

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The tougher part: This platform cannot be a perfect replacement for classroom teaching and there are multiple concerns (about accessibility, about infrastructural difficulties that may arise, about concerns of operating from home) especially in the times we are in - which are not just daunting some students (in varying degrees), but also the faculty members. In such times, it is expected that we will not forget how everyone (faculty and students alike) all need to be more patient, accommodating and co-operate with each other to make this exercise fruitful. The situation is, and will be in a state of flux. Administrators, therefore, will keep everyone informed about any relevant information about assessments, changes in syllabus, if any, nature of classes upon resumption or any likely change in strategy for the term. In this process, it is expected that all participants be patient, calm, and keep channels of communication open. While more of how this could be operationalised will be discussed, there are the following things that are encouraged:

• Unlike the usual semesters, there is no initial face time which makes this a tough start. To spend a significant amount of time together, it’s preferred that one be able to get to know the other and to that end, one is encouraged to participate in class. Also to that end, students and administrators are highly encouraged to keep their cameras on. As Agamben says is a highly provocative piece, “What the face exposes and reveals is not something that can be said in words, formulated in this or that meaningful proposition. In their own face, humans unconsciously put themselves into play. It is in the face, rather than in the word, that they express and reveal themselves. And what the face expresses is not only the state of being/mind of an individual; it is above all their openness, their exposure and their communicating themselves to others. This is why the face is the place of politics.”19 He adds, “In this empty space, subjected at every moment to a control without limits, individuals now move in isolation from each other, having lost the immediate and sensitive foundation of their community and being able only to exchange messages directed to a faceless name; to a name without a face any longer.”20 There is indeed some persuasion in this, and, contingent on the space you are in and the flexibilities offered by MS Teams, a more human interaction is strongly encouraged.

• Please read! Or least browse the listed reading before you come to class. Some essential must reads will be highlighted before class and one is expected to read them. The readings that are not accessible will be shared in a folder with the class.

19 Giorgio Agamben, Becoming faceless (2020) available at: https://autonomies.org/2020/11/giorgio-agamben-becoming-faceless/ 20 Ibid.

Source: https://autonomies.org/2020/11/giorgio-

agamben-becoming-faceless/

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While there are no marks for participation considering the difficulty in evaluating the same this semester – it will be much richer and smoother with some initial home-work. In any case, as mentioned above, the teaching method adopted does not just involve the administrators speaking. The interventions help them understand how they need to change my pace, delivery and see how, as the stand-up comic would say, things “land” – especially in an online class.

• One is expected to take note of the following the house-keeping rules:

• The administrators will wait for ten minutes before they commence the class. Please make sure you are already logged in by then.

• Post discussion with the class, the administrators also plan to keep a small fixed window for a break in between the class.

• Please keep your microphones on mute when you are not speaking. Use the raise hand feature to interrupt, or use the message window (including the gifs and emoticons!) to make interventions and drive away the monotony attached with the voices of the few of us.

• No disruption will be tolerated. The same may even be escalated in situations where serious concerns arise.

• The class lectures will be recorded.

• As mentioned earlier, we are all cognisant of the pressures of a isolation, or being in home because of COVID, and how the same can fall disproportionately on some of us, and one does not have to overstate the need for such realisation. In similar vein, if any of you feel the need to reach out to the administrators about any difficulty they can assist with – please feel free to do so. In particular cases, which you feel more accommodation needs to be made (and sometimes escalation from the administraor’s end to concerned University authorities), students are requested to get in touch early in the course – especially if any of these policies raise such concerns. It will not be possible to factor these in right at the time of assessments and submissions. Regarding assessments, this is discussed in greater detail above.

• There are many valid concerns, and debates around academic titles and use of personal pronouns. While the latter is more evident, around the former too its best to check the prefence of the administrator before choosing to address them in a particular way. For instance, one may be glad to be addressed by their name – without a Sir/Ma’am or Professor salutation or any suffixes/prefixes.21 However, this experience cannot be generalised for all for very valid reasons.22

21 For example, see https://twitter.com/tarunkhaitan/status/1291693178035240960 22 See, Kevin Jon Heller, The Power of Titles in the Legal Academy (2021) available at: http://opiniojuris.org/2021/06/10/the-power-of-titles-in-the-legal-academy/; Also see, Lopez, Rachel, Unentitled: The Power of Designation in the Legal Academy (June 7, 2021). Rutgers Law Review, Vol. 73, 2021, Available at SSRN: https://ssrn.com/abstract=3861687.

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Office hours and student meetings

Considering the times demands more effective communication, please feel free to reach out to the course administrators. One could use this time to clear doubts about the course, and other concerns - academics or otherwise which one thinks the administrators can assist you with. However, please drop an email in advance so that one can plan my days better. In fact, that is a must!

The administrators will indicate preferred times during the first week of the classes.

Although these rules are meant to cover most of the important concerns for a classroom, if any student feels that their situation falls within certain exceptional circumstances, they may approach me separately to discuss these rules and their application.

Part V Course Design and Overview

Keywords Syllabus Protracted conflicts, counterinsurgency, lawfare, permanent emergencies, human rights law, humanitarian law, occupation, armed conflict, public international law, critical approaches, Jammu and Kashmir, Kashmir Weekly Plan While one can see the weekly division below along with a tentative lecture plan, please see further below for readings on every module: Weeks Topic and Description

Part I - Introduction & Context Setting

1-2

Introduction

• Introduction to Counterinsurgency & Kashmir

• Setting frameworks: Internal & International

• Course Aims & Course Plans

3-4

Learning & Unlearning: Histories of the present & context setting

• Disputed territory & contestation

• Frameworks of incorporation

• Resistance, Militarisation & Counterinsurgency

• Emergency powers

Part II – Acknowledgements of Occupation & Armed Conflict?

5-6

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Counterinsurgency & occupation

• Theorising an occupation & introduction to basic concepts

• A case for occupation?

• Limits of imagination & alternative framings

7-9

Counterinsurgency & armed conflicts

• International & Non-International Armed Conflicts

• Protests: categorisation and consequences under armed conflict laws

• The possibilities of framing in Kashmir & its consequences

• Applicability of human rights, and international criminal law

• Limits of imagination & alternative framings

Part III – Exploring the obfuscations of “Permanent Emergencies”

10-13

Emergencies & invisible wars

• Theorising a permanent emergency

• Absence from international law

• Instances: Preventive detentions, suspension of habeas corpus ,internet blackouts, curfews, impunity,

Part IV – Seminars

14-15 Seminar Weeks

Part VI Relevant Readings

A note on the readings The course is heavy in terms of reading and it is expected that one devotes time to the suggested readings, and even tries to explore things beyond. While that maybe appreciated, it is obviously not an expectation to have read each and every piece – especially at the cost of adequate time to reflect. Often readings may help giving a direction for thought, help one make more nuanced reflections, and make the discussions useful – somethings that the course aims to rely upon. It is, therefore, not important to not see the list as bulky but an exciting bunch of diverse ideas. Also please note that the readings are easy to navigate - the text in the brackets often indicate the relevant topic(s) the reading corresponds to if the headings/chapter names/page numbers are not clearly indicative.

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It is apposite to highlight here that the readings for a course of this nature in a sanitized classroom, separated from the actual context are the only possible windows for exposure and have been carefully curated – often with the hope facilitating a reading of more contemporary, and (as far as accessible and possible) people from the said contexts. The latter, I feel, also necessary keeping in mind the “politics of citation” which Victor Kattan speaks about with respect to the ICC Prosecutor’s Brief to the PTC.23 Taking the absence of the citation of Palestinian scholarship as an example, Kattan explains how what we cite often invisibilises those who are passionate about causes (often considered unacceptable for their ‘radical’ views emanating from the identity stereotypes and positionalities), and/or how they have “little acclaim” as credible/reputed scholars owing to their educational and publishing backgrounds.

Readings on every module

Part I - Introduction & Context Setting 1. Introduction

• Introduction to Counterinsurgency & Kashmir

• Setting frameworks: Internal & International

• Course Aims & Course Plans Basic readings:

1. Letter to No-One, in Saiba Verma, The Occupied Clinic available at: https://www.dukeupress.edu/Assets/PubMaterials/978-1-4780-1098-2_601.pdf

2. Village Number Nine (2011) available at: https://www.aljazeera.com/economy/2011/8/1/villager-number-nine

3. The text of the lecture that Advocate Parvez Imroz of Jammu Kashmir Coalition of Civil Society (JKCCS) delivered at The 2017 Rafto Conference at Bergen, Norway available at: https://www.wandemag.com/parvez-imroz-rafto-lecture/

4. Paul Staniland, Kashmir since 2003: Counterinsurgency and the Paradox of “Normalcy”, Asian Survey Vol. 53, No. 5 (September/October 2013), pp. 931-957

5. State Subjects (The Caravan) available at: https://caravanmagazine.in/tag/state-subjects (by Aditi Saraf, Apurva Bamezai, Surabhi Kesar, Aamir Sohial, Rigzin Yangdol and Mustafa Haji)

6. Aman, The Right Law for the Wronged People (2020) available at: https://thewire.in/law/jammu-and-kashmir-international-law

7. Shrimoyee Nandini Ghosh, Kashmir: Let's Call a War by its Rightful Name (August 2016) available at: https://thewire.in/law/kashmir-lets-call-war-rightful-name

8. Shrimoyee Nandini Ghosh, Crisis Constitutionalism, Permanent Emergency and the Amnesias of International Law in Jammu and Kashmir (May 2020) available at: https://twailr.com/crisis-constitutionalism-permanent-emergency-and-the-amnesias-of-international-law-in-jammu-and-kashmir/

23 See, Victor Kattan, Palestinian Scholarship and the International Criminal Court’s Blind Spot (2020), available at: https://twailr.com/wp-content/uploads/2020/02/Kattan-Palestinian-Scholarship-and-the-ICCs-Blind-Spot.pdf

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Suggested/Other readings:

1. Aman, The Other Story: Part 1 and 2 (July 2020) available at: https://internationallawandtheglobalsouth.com/guest-post-the-other-story-part-i/ and https://internationallawandtheglobalsouth.com/the-other-story-part-ii/

2. Faheem, Farrukh, Interrogating the Ordinary: Everyday Politics and the Struggle for Azadi in Kashmir, in Resisting Occupation in Kashmir, edited by Haley Duschinski, Mona Bhan, Ather Zia, and Cynthia Mahmood. Philadelphia: University of Pennsylvania Press (2018)

3. Angana Chatterji, The Militarized Zone in Kashmir: The Case for Freedom, edited by Tariq Ali, Hilal Bhat, Angana P. Chatterji, Pankaj Mishra, and Arundhati Roy (2011) available at: https://www.academia.edu/19748038/The_Militarized_Zone

4. Sanjay Kak, The Apparatus: Laying Bare the State’s Terrifying Impunity in Kashmir (2013) available at: https://caravanmagazine.in/reportage/apparatus

5. Shrimoyee Nandini Ghosh, Kunan-Poshpora: The Other Story (2014) available at: https://kafila.online/2014/01/20/kunan-poshpora-the-other-story-shrimoyee-nandini-ghosh/

Audio-visual and other resources:

1. Masrat Zahra, “Strife: A Photo Essay” (2018) available at: https://www.wandemag.com/photo-essay-strife-masrat-zahra/

2. Malik Sajad, Munnu: A Boy From Kashmir 3. Anis Wani, In Kashmir, a year of palpable uncertainty (August 2020) available at:

https://thekashmirwalla.com/2020/08/in-kashmir-a-year-of-palpable-uncertainty/

4. Malik Sajad, A Wedding Under Curfew (November 2019) available at: https://www.nytimes.com/interactive/2019/11/09/opinion/kashmir-curfew.html

5. Malik Sajad, An 18-month victim in a very old fight (January 2019) available at: https://www.nytimes.com/2019/01/19/opinion/sunday/kashmir-conflict.html

6. The Kashmir conflict explained (Al Jazeera, June 2018): https://www.youtube.com/watch?v=CDpEmvjx12I

7. Baba Umar, Kashmir's never-ending conflict, a timeline of 70 years (TRT, October 2017) available at: https://www.trtworld.com/asia/kashmir-s-never-ending-conflict-a-timeline-of-70-years-11666. Shorter version: https://www.youtube.com/watch?v=GbtyfvnGafk

Additional readings:

1. Christopher Snedden, Understanding Kashmir and the Kashmiris (2015) 2. Heart as a Battlefield: In conversation with Mona Bhan (2017) available at:

https://freepresskashmir.news/2017/09/18/heart-as-a-battlefield-in-conversation-with-mona-bhan/

3. Evan J. Criddle, Proportionality in Counterinsurgency in William Banks, Counterinsurgency Law: New Directions in Asymmetric Warfare (2013)

4. Resources: https://www.standwithkashmir.org/the-kashmir-syllabus

2. Learning & Unlearning: Histories of the present & context setting

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• Disputed territory & contestation

• Frameworks of incorporation

• Resistance, Militarisation & Counterinsurgency

• Emergency powers Basic readings:

1. Fozia Nazir Lone, Historical Title, Self-Determination and the Kashmir Question: Changing Perspectives in International Law (2018) pages 52 – 95; pgs. 100 – 155 (continuation of a state and reclamation of historical title); pgs. 155- 161 (self- determination); 161- 168 (inter-connections). Also Chapters 4-6 on the application of the international law normative framework on the Kashmir question

2. A.G. Noorani, Article 370: A Constitutional History of Jammu and Kashmir (2011), Introduction.

3. Shrimoyee Nandini Ghosh, One Nation? One Flag? One Constitution? (RAIOT, 2019) available at: https://www.raiot.in/dismantling-370-in-kashmir-part-1/

4. Shrimoyee Nandini Ghosh, Internal? Bilateral? International? (RAIOT, 2019) available at: https://raiot.in/dismantling-370-in-kashmir-part-2/.

5. Introduction: Violence, Protest, and Freedom in Kashmir, in Resisting Occupation in Kashmir (2018; Edited by Haley Duschinski, Mona Bhan, Ather Zia, and Cynthia Mahmood) available at: https://jan.ucc.nau.edu/~sj6/Rebels_of_the_Streets_Violence_Protest.pdf

Suggested cases, reports, instruments:

1. Indian Independence Act, 1947 2. Instrument of Accession Jammu and Kashmir, 1947 3. Unamendended Article 370 of the Constitution of India, 1950 & select Presidential

Orders 4. The Delhi Agreement, 1952 5. Constitution of Jammu and Kashmir, 1956 6. SC resolutions 39 (1948), 47 (1948), 91(1951), 122(1957) and relevant UNCIP

resolutions 7. International Commission of Jurists, Human Rights in Kashmir (1995) Chapters

2-7, and Annex 1 available at: https://www.icj.org/wp-content/uploads/1995/01/India-human-righst-in-Kashmir-fact-finding-mission-report-1995-eng.pdf.

8. Office of the United Nations High Commissioner for Human Rights reports on Kashmir in 2019 – Executive Summary (available at: https://www.ohchr.org/Documents/Countries/IN/KashmirUpdateReport_8July2019.pdf) and 2018 – Executive Summary (available at: https://www.ohchr.org/Documents/Countries/IN/DevelopmentsInKashmirJune2016ToApril2018.pdf)

9. Chapter 1, Structures of Violence (2015) available at: https://jkccs.net/structures-of-violence-the-indian-state-in-jammu-and-kashmir/

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Suggested/Other readings:

1. Chapter 4: Kashmir in Sumantara Bose, Contested Lands (2007) 2. Mohamad Junaid, Death and Life Under Military Occupation: Space, Violence,

and Memory in Kashmir, in Everyday Occupations: Experiencing Militarism in South Asia and the Middle East, edited by Kamala Visweswaran (2013) availavle at: https://www.academia.edu/12960185/Death_and_Life_Under_Occupation_Space_Violence_and_Memory_in_Kashmir

3. Note, From Domicile to Dominion: India’s Settler Colonial Agenda in Kashmir, Harvard Law Review available at: https://harvardlawreview.org/2021/05/from-domicile-to-dominion-indias-settler-colonial-agenda-in-kashmir/

4. RSIL, The Status of Jammu & Kashmir under International Law, The Law of Occupation and Illegal Annexation (2019) available at: https://rsilpak.org/wp-content/uploads/2019/08/Legal-Memo-Kashmir.pdf

Audio-visual and other resources:

1. Mohamad Junaid, Kashmir: A Historical Timeline (2020), available at: https://adimagazine.com/articles/kashmir-a-historical-timeline/

2. Masrat Zahra, My Pictures Should Speak (2020) available at: https://adimagazine.com/articles/my-pictures-should-speak/

3. Masrat Zahra, “Strife: A Photo Essay” (2018) available at: https://www.wandemag.com/photo-essay-strife-masrat-zahra/

4. Uzma Falak, “Aleph Se Azadi.” (2016) available at: http://kindlemag.in/aleph-se-azadi/

5. Anis Wani, Kashmir: Navigating the Valley of Checkpoints (September 2020) available at: https://thekashmirwalla.com/2020/09/kashmir-navigating-the-valley-of-checkpoints/

6. Malik Sajad, Munnu: A Boy From Kashmir 7. A Soundtrack: https://adimagazine.com/articles/a-soundtrack-to-issue-4/ 8. Longer movie: Jashan-e-Azadi

(https://www.imdb.com/title/tt3122654/?ref_=ttpl_pl_tt) available at: https://www.youtube.com/watch?v=j74IKRnPR7Y and https://www.youtube.com/watch?v=YnUIX-bI0v4

Additional readings:

1. Resisting Occupation in Kashmir (2018; Edited by Haley Duschinski, Mona Bhan, Ather Zia, and Cynthia Mahmood)

2. Suvir Kaul, Indian Empire (and the Case of Kashmir, Economic and Political Weekly, Vol. 46, No. 13 (2011) available at: https://jan.ucc.nau.edu/~sj6/Suvir%20Kaul%20Indian%20Empire%20Kashmir.pdf

3. Goldie Osuri, Imperialism, colonialism and sovereignty in the (post)colony: India and Kashmir, (2017) Third World Quarterly, 38:11, 2428-244

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Part II – Acknowledgements of Occupation & Armed Conflict? 3. Counterinsurgency & occupation

• Theorising an occupation & introduction to basic concepts

• A case for occupation?

• Limits of imagination & alternative framings Basic readings:

1. Basic Overview: RULAC, Geneva Academy of International Humanitarian Law and Human Rights, Military occupation, available at: https://www.rulac.org/classification/military-occupations#collapse4accord

2. Basic Overview: ICRC, Occupation and international humanitarian law: questions and answers available at: https://www.icrc.org/en/doc/resources/documents/misc/634kfc.htm

3. Eyal Benvenisti, The International Law of Occupation (2012), Chapters 1 (Introduction), 3 (Characterization)

4. Parvaiz Bukhari in conversation with Kartik Murukutla, Is Kashmir under military occupation? Why that’s not rhetoric and why it’s important to answer the question (Polis Project (February, 2019), https://thepolisproject.com/is-kashmir-under-military-occupation-why-thats-not-rhetoric-and-why-its-important-to-answer-the-question/#.XwgbxS0w10s

5. Shrimoyee Nandini Ghosh, Internal? Bilateral? International? (RAIOT, 2019) available at: https://raiot.in/dismantling-370-in-kashmir-part-2/.

6. Haley Duschinski & Mona Bhan, Introduction: law containing violence: critical ethnographies of occupation and resistance, The Journal of Legal Pluralism and Unofficial Law (2017) 49:3, 253-267.

Suggested cases, reports, instruments:

1. Hague Regulations, 1907 2. Common Articles 2 of the Geneva Conventions [and associated 2016

commentaries] 3. Geneva Convention relative to the Protection of Civilian Persons in Time of War

(Fourth Geneva Convention), 1950

4. Eritrea-Ethiopia Claims Commission Central Front - Ethiopia’s Claim 2, Reports of International Arbitral Awards, V.XXVI, April 28, 2004, pp. 155-194 https://pca-cpa.org/en/cases/71/

5. ICJ Advisory Opinion, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004), paras 86-101

6. Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970)

Suggested/Other readings:

1. International Committee of the Red Cross, Occupation and Other Forms of Administration of Foreign Territory, ICRC, March 2012, available at: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-4094.pdf

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2. Speech delivered by Professor Daniel Thürer, Member, International Committee of the Red Cross, 6th Bruges Colloquium, 20-21 October 2005 available at: https://www.icrc.org/en/doc/resources/documents/statement/occupation-statement-211105.htm

3. Yutaka Arai-Takahashi, The Law of Occupation (2009) – Chapter 1 4. Haley Duschinski & Shrimoyee Nandini Ghosh (2017) Constituting the

occupation: preventive detention and permanent emergency in Kashmir, The Journal of Legal Pluralism and Unofficial Law, 49:3, 314-337

5. RSIL, The Status of Jammu & Kashmir under International Law, The Law of Occupation and Illegal Annexation (2019) available at: https://rsilpak.org/wp-content/uploads/2019/08/Legal-Memo-Kashmir.pdf

Audio-visual and other resources:

1. UN Audio-Visual Library on Armed Conflict: https://legal.un.org/avl/ls/lawofarmedconflict.html

Additional readings:

1. Eyal Benvenisti, The International Law of Occupation (2012), Chapter 8 (Israeli Occupation of West bank and Gaza), Chapters 7 (Occupations Since the 1970s)

2. Aeyal M. Gross, Symposium on Occupation Law: The Writing the on the Wall 2.0: A Rejoinder – available at: http://opiniojuris.org/2017/08/31/symposium-on-occupation-law/.

3. Aeyal M. Gross, The Writing on the Wall: Rethinking the International Law of Occupation (Cambridge University Press, 2017)

4. Kenneth Watkin, Use of force during occupation: law enforcement and conduct of hostilities (2012) available at: https://international-review.icrc.org/sites/default/files/irrc-885-watkin.pdf

5. Chapter 11, The INA Trails in A.G. Noorani (1976); defence of Bhulabhai Desai available at: https://archive.org/stream/inadefence035528mbp/inadefence035528mbp_djvu.txt

6. Mohamad Junaid, “Death and Life Under Military Occupation: Space, Violence, and Memory in Kashmir.” In Everyday Occupations: Experiencing Militarism in South Asia and the Middle East, edited by Kamala Visweswaran, 158–90 availavle at: https://www.academia.edu/12960185/Death_and_Life_Under_Occupation_Space_Violence_and_Memory_in_Kashmir

7. Raja Shehadeh, The Gaza Occupations: Beginnings and Endings The Palestine Yearbook of International Law (2006)

8. Raja Shehadeh, Occupier's Law and the Uprising, Journal of Palestine Studies, Vol. 17, No. 3 (Spring, 1988), pp. 24-37 (14 pages)

9. Noura Erakat’s book (“Justice for Some”) review by Raja Shehadeh – State of Exception, What role has local and international law played in the Occupied Territories? available at: https://www.thenation.com/article/archive/noura-erakat-justice-for-some-book-review/

4. Counterinsurgency & armed conflicts

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• International & Non-International Armed Conflicts

• Protests: categorisation and consequences under armed conflict laws

• The possibilities of framing in Kashmir & its consequences

• Applicability of human rights, and international criminal law

• Limits of imagination & alternative framings Basic readings:

1. Basic source: ICRC Opinion, How is the Term “Armed Conflict” Defined in International Humanitarian Law: Opinion Paper,” (March 2008), available at: https://www.icrc.org/en/doc/assets/files/other/opinion-paper-armed-conflict.pdf

2. Dapo Akande, Classification of Armed Conflicts: Relevant Legal Concepts (August 20, 2012). In E Wilmshurst (ed), International Law and the Classification of Conflicts (OUP 2012) chapter 3, Oxford Legal Studies Research Paper No 50/2012, available at SSRN: https://ssrn.com/abstract=2132573 or http://dx.doi.org/10.2139/ssrn.2132573

3. Shrimoyee Nandini Ghosh, Kashmir: Let's Call a War by its Rightful Name (August 2016) available at: https://thewire.in/law/kashmir-lets-call-war-rightful-name

4. Aman, Militant bodies in Kashmir: Finding humanity in a state of many exceptions (October 2018) available at: https://www.theleaflet.in/militant-bodies-in-kashmir-finding-humanity-in-a-state-of-many-exceptions/

Suggested cases, reports, instruments:

1. Common Articles 2 and 3 of the Geneva Conventions [and associated commentaries]

2. Article 1(4) of Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 [and associated commentaries]

3. ICJ Advisory Opinion, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004), paras 102-106.

4. Prosecutor v Naletilic and Martinovic, Case No.IT-98-34-T, March 31, 2003 [Trial Chamber] available at: https://www.icty.org/x/cases/naletilic_martinovic/tjug/en/nal- tj030331-e.pdf.]

5. J&K High Court Bar Association vs Unknown, Jammu and Kashmir High Court available at: https://indiankanoon.org/doc/63200140/

6. Naga People's Movement of Human Rights v. Union of India, Supreme Court of India

7. HRW, Behind the Kashmir Conflict: Applicable International Law (1994) available at: https://www.hrw.org/reports/1999/kashmir/intl-law.htm

Suggested/Other readings:

1. Noelle Higgins, The Regulation of Armed Non-State Actors: Promoting the Application of the Laws of War to Conflicts Involving National Liberation Movements”, in Human Rights Brief, Vol. 17, Issue 1, 2009, pp. 12-18 available at:

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https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1101&context=hrbrief

2. Srinivas Burra, Why India Should Consider Signing the Additional Protocols of the Geneva Conventions (June 2017) available at: https://thewire.in/diplomacy/india-humanitarian-law-additional-protocols

3. Md Tabish Eqbal, Revisiting India's Non-Ratification of the Additional Protocols to the Geneva Conventions: Do They Hold Up Today? (August 2017) available at: https://www.jurist.org/commentary/2017/08/md-tabish-eqbal-india-nonratification/

4. Adil Ahmad Haque, Triggers and Thresholds of Non-International Armed Conflict (September 2016) available at: https://www.justsecurity.org/33222/triggers-thresholds-non-international-armed-conflict/

5. Michael J. Adams and Ryan Goodman, De Facto and De Jure Non-International Armed Conflicts: Is It Time to Topple Tadić? (2016) available at: https://www.justsecurity.org/33533/de-facto-de-jure-non-international-armed-conflicts-time-topple-tadic/

6. Fionnuala Ní Aoláin, The Necessity of Enforcing Humanitarian Law and Human Rights in the Context of Counterterrorism (2020) available at: https://www.justsecurity.org/73111/the-necessity-of-enforcing-humanitarian-law-and-human-rights-in-the-context-of-counterterrorism/

7. Nils Melzer, Interpretatove Guidance on the Notion of DPH under IHL (2009), available at: https://www.icrc.org/en/doc/assets/files/other/icrc-002-0990.pdf

8. Dapo Akande, Clearing the Fog of War? The ICRC’s Interpretive Guidance on Direct Participation in Hostilities (2009) available at: https://www.ejiltalk.org/clearing-the-fog-of-war-the-icrcs-interpretive-guidance-on-direct-participation-in-hostilities/

9. Eliav Lieblich, Reflections on the Israeli Report on the Gaza Conflict (2015) available at: https://www.justsecurity.org/24197/reflections-israeli-report-gaza-conflict/

Audio-visual and other resources:

1. UN Audio-Visual Library on Armed Conflict: https://legal.un.org/avl/ls/lawofarmedconflict.html

2. Inside a Friday Protest (Part 1 and Part 2), ScoopWhoop available at: https://www.scoopwhoop.com/originals/kashmir-inside-a-friday-protest-part-1/?ref=page_search_videos

3. Nitasha Kaul, The Stones of Kashmir (2020) available at: https://adimagazine.com/articles/two-poems/

4. Uzma Falak “The Last Call: Audio Postcards from Kashmir” Warscapes (2018) available at: http://www.warscapes.com/poetry/last-call-audio-postcards-kashmir.

5. Mohammad Dawood and Ibrahim Mussa, In Pictures: Of burnt-down homes and memories (March 2021)available at: https://www.wandemag.com/in-pictures-burnt-homes-memories/

6. Anis Wani, As guns silenced, a firefighter returns to his burnt home (June 2020) available at: https://thekashmirwalla.com/2020/06/as-guns-silenced-a-firefighter-returns-to-his-burnt-home/

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Additional readings:

1. Chapter 11, The INA Trails in A.G. Noorani (1976); defence of Bhulabhai Desai available at: https://archive.org/stream/inadefence035528mbp/inadefence035528mbp_djvu.txt

2. G. Abi-Saab, “Wars of National Liberation in the Geneva Conventions and Protocols and the Laws of War”, Annales d’etudes internationales, vol. 3, 1972, pp. 93-117.

3. Ayesha Malik (RSILPK), Kashmir Under Seige? An International Law Perspective available at: https://rsilpak.org/2019/kashmir-under-siege-an-international-law-perspective/#_ftnref3

4. Mohamad Junaid, Stone Wars (2013) available at: https://www.guernicamag.com/stone-wars/

5. Aeyal Gross, The 2021 Gaza War and the Limits of International Humanitarian Law (June 2021) available at: https://www.justsecurity.org/76737/the-2021-gaza-war-and-the-limits-of-international-humanitarian-law/

6. Noam Lubell, Challenges in applying human rights law to armed conflict (2005) available at: https://www.icrc.org/en/doc/assets/files/other/irrc_860_lubell.pdf

Part III – Exploring the obfuscations of “Permanent Emergencies”

5. Emergencies & invisible wars

• Theorising a permanent emergency

• Absence from international law

• Instances: Preventive detentions, suspension of habeas corpus, internet blackouts, curfews, impunity.

Basic readings:

1. Shrimoyee Nandini Ghosh, Kashmir: Let's Call a War by its Rightful Name (August 2016) available at: https://thewire.in/law/kashmir-lets-call-war-rightful-name

2. Shrimoyee Nandini Ghosh, Crisis Constitutionalism, Permanent Emergency and the Amnesias of International Law in Jammu and Kashmir (May 2020) available at: https://twailr.com/crisis-constitutionalism-permanent-emergency-and-the-amnesias-of-international-law-in-jammu-and-kashmir/

3. Shrimoyee Nandini Ghosh, Documented Lives: Aadhar and the Identity Effect in Kashmir (2014) available at: https://kafila.online/2014/01/23/documented-lives-aadhar-and-the-identity-effect-in-kashmir-shrimoyee-nandini-ghosh/

4. Haley Duschinski and Shrimoyee Nandini Ghosh, Constituting the Occupation: Preventive Detention and Permanent Emergency in Kashmir, Journal of Legal Pluralism and Unofficial Law (2017) 49(3): 314-337.

5. Haley Duschinski, “Reproducing Regimes of Impunity: Fake Encounters and the Informalization of Violence in Kashmir Valley.” Cultural Studies ( 2010)24(1): 110–32.

6. Sanjay Kak, The Apparatus: Laying Bare the State’s Terrifying Impunity in Kashmir (2013) available at: https://caravanmagazine.in/reportage/apparatus

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7. John Reynolds, Empire, Emergency and International Law (2017), Chapters 1 (Emergency, Colonialism and Third World Approaches to International Law) and 9 (International Law, Resistance and ‘Real’ States of Emergency)

Suggested cases, reports, instruments:

1. Article 35(c), The Constitution of India (Application to Jammu and Kashmir) Order 1954

2. Armed Forces (Special Powers) Act, 1990 3. Public Safety Act,1978 4. The Egress and Internal Movement (Control) Ordinance, 2005 5. Enemy Agents Ordinance, 1948 and Rehman Shagoo And Others vs State Of

Jammu And Kashmir, Supreme Court of India, 10 September, 1959 [Continuation of Wartime laws]

6. Sampat Prakash vs State Of Jammu & Kashmir & Anr, Supreme Court of India, 10 October, 1968 [Suspension of Habeas Corpus, Preventative Detention]

7. General Officer Commanding vs CBI & Anr, Supreme Court of India, 1 May, 2012

8. State Of J & K vs Lakhwinder Kumar & Ors, Supreme Court of India, 25 April, 2013 [Army Act, 1950 and Border Security Forces Act,1968]

9. Masooda Parveen vs Union Of India & Ors, Supreme Court of India, 2 May, 2007 [Martial Law]

10. Lt Col Karamveer Singh vs The State Of Jammu And Kashmir, Supreme Court of India, 12 February 2018 [Martial Law]

11. Anuradha Bhasin vs Union Of India, Supreme Court of India, 10 January 2020, and Foundation of Media Professionals v. UT of Jammu and Kashmir, Order dated May 11, 2020. [Internet Blackouts]

12. Mian Abdul Qayoom vs State Of J&K And Others, Supreme Court of India, 29 July, 2020 [also JKHC Order of May 2020] [Suspension of Habeas Corpus, Preventative Detention] and other Habeas cases.

Suggested/Other readings:

1. Amnesty International, “A Lawless Law”: Detentions under the Jammu and Kashmir Public Safety Act (March, 2011) available at: https://www.amnesty.org/en/documents/ASA20/001/2011/en/

2. JKCCS, Kashmir’s Internet Siege (August 2020) available at: https://jkccs.net/report-kashmirs-internet-siege/.

3. Shrimoyee Nandini Ghosh, Public Safety Act: The making and unmaking of the Dangerous Individual in Kashmir (2017) available at: https://cafedissensus.com/2017/02/20/public-safety-act-the-making-and-unmaking-of-the-dangerous-individual-in-kashmir/

4. Shrimoyee Nandini Ghosh, The Kunan Poshpora Mass Rape Case: Notes from a Hearing (2014) available at: http://www.warscapes.com/reportage/kunan-poshpora-mass-rape-case-notes-hearing

5. Suchitra Vijayan, Curfew is the Camp, available at (2016): http://warscapes.com/opinion/curfew-camp

6. Ravina Aggarwal and Mona Bhan, Disarming Violence: Development, Development, and Security on the Borders of India, (2009) Journal of Asian Studies 68 (2): 519-542.

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7. K. Balagopal, M.J. Pandey, Suresh Rajeshwar, and Vinod Shetty, Voting at the Point of a Gun: Counter-insurgency and the Farce of Elections in Kashmir. A Report to the People of India, (1996) available at: http://www.unipune.ac.in/snc/cssh/HumanRights/02%20STATE%20AND%20ARMY%20-%20POLICE%20REPRESSION/E%20Jammu%20and%20Kashmir/05.pdf

8. John Reynolds, Empire, Emergency and International Law (2017), Chapters 3 (Emergency Doctrine: A Colonial Account)

Audio-visual and other resources:

1. Uzma Falak, the smallest unit of time in Kashmir is a siege (2020) available at: https://adimagazine.com/articles/the-smallest-unit-of-time/

2. BBC Torture Trail available at: https://www.dailymotion.com/video/x3qe37k 3. Kashmir: Fault Lines in the Valley | Off The Grid | Documentary available at:

https://www.youtube.com/watch?v=PbGeo_B4UTQ 4. The Dear Disappeared available at:

https://www.youtube.com/watch?v=n6YWxopENqQ 5. Anis Wani, Nasrullahpora: A village of broken homes (May 2020) available at:

https://thekashmirwalla.com/2020/05/nasrullahpora-a-village-of-broken-homes/

6. Anis Wani, After 23-years of jail, loss of life and love (July 2020) available at: https://thekashmirwalla.com/2020/07/after-23-years-of-jail-loss-of-life-and-love/

7. Anis Wani, Of Forgotten Probes and Hinging Lives in Kashmir (November 2020) available at: https://thekashmirwalla.com/2020/11/of-forgotten-probes-and-hinging-lives-in-kashmir/

Additional readings:

1. Ashok Agarwal, In Search of Vanished Blood (2018) available at: https://www.academia.edu/26287721/In_Search_of_Vanished_Blood

2. Allard K. Lowenstein International Human Rights Clinic, Yale Law School, The Myth of Normalcy: Impunity and Judiciary in Kashmir available at: https://twailr.com/crisis-constitutionalism-permanent-emergency-and-the-amnesias-of-international-law-in-jammu-and-kashmir/.

3. Mohamad Junaid, Disobedient Bodies, Defiant Objects: Occupation, Necropolitics and the Resistance in Kashmir, Funambulist 21 (2019) available at: https://www.academia.edu/38244628/Disobedient_Bodies_Defiant_Objects_Occupation_Necropolitics_and_the_Resistance_in_Kashmir_pdf.

4. Vasuki Nesiah, The princely impostor: Stories of law and pathology in the exercise of emergency powers (2009) in In Emergency Powers in Asia: Exploring the Limits of Legality, edited by Victor V. Ramraj and Arun K. Thiruvengadam available at: https://www.researchgate.net/publication/292367134_The_princely_impostor_Stories_of_law_and_pathology_in_the_exercise_of_emergency_powers

5. John Reynolds, Empire, Emergency and International Law (2017), Chapter 7 – Palestine: A scattered, shattered, space of exception?

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A note of acknowledgements The Course Instructor wishes to thank Abhijeet Srivastava, Gunjan Chawla, Mustafa Haji, Nawal Hend, Rahul Desarda, Sameer Rashid Bhat, Shrimoyee Nandini Ghosh, Shubh Mathur for going through the proposal and/or the manual and offering their inputs/assistance/comments/suggestions. A huge shout out to the folks who curated the Kashmir Syllabus (see here) for their excellent ideas, and the good folks of twitter-verse who amplified the proposal, and got some more comments in.

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