UN did nothing to vacate the areas of Jammu and Kashmir under illegal occupation of Pakistan as per its own resolution of 5th January, 1949
United Nations unanimously adopted its resolution of January 5, 1949 on the state of Jammu and Kashmir. Among the important thing the UN, in this resolution, declared that the areas of Jammu and Kashmir, which we presently know as Pakistan Occupied Jammu and Kashmir, must be vacated by Pakistan. The UN Commission for India and Pakistan (UNCIP), in its report of July 20, 1948 clearly mentioned that the presence of Pakistan on the soil of Jammu and Kashmir aggravated the problem. The commission considered Pakistan an aggressor and the UN gave clear instructions to Pakistan in this resolution that the areas under its illegal occupation must be freed by it. But the UN did not take any concrete step to ensure that the areas are vacated by Pakistan. Moreover, the UN, in willful ignorance of its resolution, failed to recognize that Pakistan was an aggressor as per the UNCIP report as well. The same fact was reiterated by Sheikh Mohammad Abdullah during one of the debates in UN Security Council on February 5, 1948, where he said India filed the complaint with UN against aggression of Pakistan on the state of Jammu and Kashmir.
How UN arrived at the conclusion that Pakistan is an aggressor
India filed a complaint against Pakistan’s aggression on the state of Jammu and Kashmir with UN on January 1, 1948 under Article 35 of Charter 6. Though Pakistan denied the charges levelled against it by India on January 15, 1948 but when the United Nation Commission for India and Pakistan (UNCIP) arrived at Karachi on 7th July 1948, the foreign minister of Pakistan informed that 3 brigades of Pakistan’s regular troops sent to Jammu and Kashmir in the first half of May, 1948. The commission informed the Security Council on July 20, 1948 about the presence of Pakistani troops in J&K. Joseph Korbel and Sir Owen Dixon, both UN representatives and were part of UNCIP in the report mentioned that the movement of Pakistani troops in the territory on 20th October, 1947 and in May, 1948 aggravated the situation and led to material change and it is the violation of Article 51 of UN Charter and international law. Accordingly, Pakistan was declared aggressor on India soil at Jammu and Kashmir. Further, the UN resolution of January 5, 1949 first and foremost asked Pakistan to vacate aggression from Jammu and Kashmir and the people of those areas must be allowed to return back to their home so that the material changes that have taken place because of Pakistan’s aggression must be restored back to the state of pre-invasion time of 1947. The said resolution binds world community to vacate the areas under illegal occupation. But neither Pakistan vacated the areas nor did UN do any for it.
Even if any dispute is related to Jammu and Kashmir, it is the dispute that Pakistan invaded Jammu and Kashmir and international community remained mute spectator, when the aggressor refused to vacate the areas illegally occupied by it. Still, the areas are under illegal occupation of an aggressor but the international community has closed its eyes.