Kashmir human shield incident occurred on April 9, 2017 in Jammu and Kashmir during the Srinagar Lok Sabha by-election.[1] A 26-year-old man captured by the Indian Army, was tied as a human shield to the front of a Jeep belonging to Indian Army as a column of Indian troops was moving through a locality. The man was reportedly tied to the vehicle to dissuade other Kashmiri protestors from hurling stones at the Indian troops. The man was accused of being involved in throwing stones at Indian troops.[2] The Government of India stated that it would stand by the officer who took the decision to use the "insurgent" as a human shield.[3]

Forcing non-combatants to serve as human shields is a war crime according to the 1949 Geneva Conventions, the 1977 Additional Protocol I to the Geneva Conventions, and the 1998 Rome Statute.[4]

After investigation, J&K Human Rights Commission ordered the Government of Jammu and Kashmir to pay 10 lakh (1 million) rupees as compensation to man used as human shield.[5] Jammu and Kashmir government refused to pay.[6]

Major Leetul Gogoi who was in charge of the soldiers during the event, was awarded a Chief of Army Staff Commendation Card by General Bipin Rawat for "counter-insurgency operations".[7][8]

References

  1. ↑ "Major Gogoi to face seniority loss for Srinagar hotel episode". The Hindu. 31 March 2019. Retrieved 13 December 2021.
  2. ↑ Ashiq, Peerzada. "Army uses civilian as shield, sparks outrage". The Hindu. Retrieved April 18, 2017.
  3. ↑ Halder, Debarati (3 May 2021). Advancement of Human Rights in India: Contemporary and Emerging Challenges. SAGE Publishing India. ISBN 978-93-5388-788-9. Retrieved 10 December 2021.
  4. ↑ "Practice Relating to Rule 97. Human Shields". International Committee of the Red Cross. Archived from the original on August 4, 2014. Retrieved January 13, 2015.
  5. ↑ Datta, Saurav. "10 Lakh Compensation to man used as Human Shield – J&K Human Rights Commission". Bar and Bench - Indian Legal news. Retrieved 10 December 2021.
  6. ↑ "J&K Govt Refuses Rs 10 Lakh Compensation to 'Human Shield' Farooq Ahmed Dar". News18. 6 November 2017. Retrieved 10 December 2021.
  7. ↑ "Officer Who Tied Protester To Jeep As 'Human Shield' In Kashmir Honoured By Army", NDTV, 2017
  8. ↑ "Bollywood glorifying use of human shields", TRT World, April 2018

Further reading

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