Crimes against humanity and state-sponsored genocide: The Kashmir issue; an international law perspective

The international community has breathed a sigh of relief on the inclusion of acts amounting to crimes against humanity and genocide in the Rome Statute with a clear prohibition on their commission as Jus Cogens, but the International Criminal Court lacks considerable jurisdiction that ultimately reduces its effectiveness. Due to this, the practical efforts to ensure the availability of human rights at the universal level and eradication of international crimes through judicial mechanisms are mostly in vain. The topic "Crimes against Humanity and State-Sponsored Genocide: The Kashmir Issue; An International Law Perspective" not only finds reasons and ultimate solution for this lacuna but also; after justifying the hypothesis (granting universal jurisdiction to the ICC over international crimes and human rights that become jus cogens which has become a dire need of this time, or, creation of any other Tribunal for these issues with universal jurisdiction) as contained in between the lines of this work, suggests and demands in the conclusion that the United Nations and international community should come forward to abridge this problem on humanitarian grounds and for human rights becoming jus cogens universally without any veto alike power; by taking their decisions with equal voting rights by all the states based on Principle of Universal Applicability and Equality as uphold by almost all international human rights instruments. The dynamic nature of this work induces the adoption of the methodology of the mixed-method approach supported by exploratory and explanatory design especially in the shape of a preventive and protective approach.