Armed opposition groups involved in the armed conflict in J&Kr have over the years been responsible for human rights abuses, contravening basic principles of humanity. The rules of international humanitarian law prohibit hostage-taking, torture and the deliberate or indiscriminate attack on civilians and those not taking direct part in hostilities and place obligations on armed groups to take concrete steps to avoid such attacks.
The abuses committed by armed opposition groups in J&K have included torture, hostage-taking and deliberate and indiscriminate killings of civilians. Armed opposition groups have also harassed and intimidated civilians with the threat of such abuses. The targets of abuses have included civilian men, women and children, journalists and members of the Hindu minority and civilian officials whose public function is not directly related to the conduct of hostilities.
The report lists several deliberate and arbitrary killings of civilians and indiscriminate attacks in which armed opposition groups have ignored their obligation to distinguish between military and civilian targets and to refrain from attacking civilian targets.
The report then spells out the international legal obligations of all parties to an armed conflict which are contained in Article 3 common to the four Geneva Conventions of 1949 which states: "In the case of armed conflict not of an international character occurring in the territory of one of the High contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
1.Persons taking no active part in the hostilities, including members of the armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
b) taking of hostages
c) outrages upon personal dignity, in particular humiliating and degrading treatment;
d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court affording all the judicial guarantees which are recognised as indispensable by civilized people ... "
Amnesty International reiterates its calls made many times before to all the armed opposition groups involved in the armed conflict in Jammu and Kashmir to abide at all times by the minimum standards set down in the provisions of Common Article 3 and to instruct all fighters under their command to honour these obligations.