State sovereignty vs. human rights: Amnesty International’s role in Kashmir and Palestine
DOI:
https://doi.org/10.71085/sss.04.02.265Keywords:
Amnesty International, State Sovereignty, Human Rights Violations, Kashmir, Palestine, International Law, Legal Accountability, Arbitrary Detention, Apartheid, Political Repression, Responsibility to Protect (R2P), Military OccupationAbstract
Using Kashmir and Palestine as examples this paper investigates the ongoing disputes that exist between state sovereign powers and international human rights norms. Governments throughout both regions have pursued military occupations combined with political oppression and extensive rights violations while using national security together with territorial integrity as reasons for justification. The research utilizes Realism alongside Liberalism and Constructivism alongside Responsibility to Protect (R2P) to study Amnesty International's documentation services and its support for justice procedures and worldwide discussion promotion. Amnesty receives strong criticism from Israel and India through governmental actions which include legal limitations and shutdowns as well as charges of partisanship against the organization. The investigative reports released by the organization have brought important outcomes such as international courtroom cases as well as United Nations resolutions and grassroot level popular movements. States exercise sovereign power to protect national interests but Amnesty International serves as a vital force to expose acts of impunity and maintain public as well as legal scrutiny of human rights violations. The paper employs both case evidence and theory analysis to explore the potential boundaries as well as advantages of foreign advocacy activities in challenging circumstances that have political dimensions.
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References
Amnesty International. (2017). Losing sight in Kashmir: The impact of pellet-firing shotguns. Amnesty International.
Amnesty International. (2019). Tyranny of a lawless law: Detention without charge or trial under the Public Safety Act. Amnesty International.
Amnesty International. (2021). Arbitrary detention and torture in Israeli prisons. Amnesty International.
Amnesty International. (2022). Israel’s apartheid against Palestinians: A cruel system of domination and a crime against humanity. Amnesty International.
Annan, K. (2000). We the peoples: The role of the United Nations in the 21st century. United Nations.
Arif, S. M. (2019). The use of force and detention practices in the occupied Palestinian territories. Review of Human Rights, 5(2), 75-98.
B’Tselem. (2021). Israeli settlements and forced evictions. B’Tselem Reports.
Bose, S. (2021). Kashmir: Roots of conflict, paths to peace. Harvard University Press.
Cassese, A. (2005). International law. Oxford University Press.
Donnelly, J. (2013). Universal human rights in theory and practice (3rd ed.). Cornell University Press.
Duschinski, H., Bhan, M., & Zia, A. (2018). The human rights crisis in Kashmir: State violence and resistance. Oxford University Press.
Evans, G. (2008). The responsibility to protect: Ending mass atrocity crimes once and for all. Brookings Institution Press.
Finnemore, M., & Sikkink, K. (1998). International norm dynamics and political change. International Organization, 52(4), 887-917.
Ganie, M. T. (2022). Kashmir conflict, the occupation, and demographic changes. The Palgrave Encyclopedia of Peace and Conflict Studies, Springer.
Gordon, N. (2021). Israel’s occupation: Human rights and the rule of law. Cambridge University Press.
ICC. (2002). Rome Statute of the International Criminal Court. International Criminal Court.
Iqbal, S., Hossain, Z., & Mathur, S. (2014). The Great March of Return: A human rights analysis. Race & Class, 56(3), 78-98.
Keohane, R. O., & Nye, J. S. (2012). Power and interdependence. Pearson.
Mearsheimer, J. J. (2001). The tragedy of great power politics. W.W. Norton & Company.
Misri, D. (2019). Showing humanity: Violence and visuality in Kashmir. Cultural Studies, 33(1), 45-60.
Nadaf, A. H. (2020). Internet censorship and human rights in Palestine and Kashmir. Platforms, Protests, and the Challenge of Networked Democracy, Springer.
Shakoor, U. (2024). Sovereignty vs human rights: Legal conflicts on the global stage. Law and Policy Review, 12(1), 45-67.
Sharma, A., & Bukhari, S. (2020). Counterinsurgency and human rights in Kashmir. Asian Journal of Political Science, 28(2), 201-220.
Shlaim, A. (2019). The Iron Wall: Israel and the Arab world. W.W. Norton & Company.
Thakur, R., & Weiss, T. G. (2009). R2P: From idea to norm—and action? Global Responsibility to Protect, 1(1), 22-53.
Unhrc. (2021). Resolution on Israeli human rights violations in the occupied Palestinian territories. United Nations Human Rights Council Reports.
United Nations. (1945). Charter of the United Nations and Statute of the International Court of Justice. United Nations.
United Nations. (1966). International Covenant on Civil and Political Rights (ICCPR). United Nations Treaty Collection.
United Nations. (1984). Convention Against Torture (CAT). United Nations Treaty Collection.
Waltz, K. N. (1979). Theory of international politics. Addison-Wesley.
Wendt, A. (1999). Social theory of international politics. Cambridge University Press.
Zia, A. (2019). Blinding Kashmiris: The right to maim and the Indian military occupation. Interventions, 21(3), 89-105.
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Copyright (c) 2025 Lubna Tariq, Prof. Dr. Amna Mahmood (Author)
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