Designing a “Special Court”: On solving the Italy-India conflict under the Law of the Sea


From Facebook:Subroto Roy hears the Italian PM say “We have started a political dialogue, we have pinpointed a road towards a rapid solution, either negotiated or reached judicially, reorganising the judicial itinerary”,and can only wonder if there is any better solution to the one I have proposed:–  a Special Court as asked for by the Supreme Court of India,

– perhaps housed in the Supreme Court in New Delhi,
– perhaps designated a UN Special Tribunal if necessary,
– consisting of four judges, two Indian and two Italian,
– (hence there is no further conflict over jurisdiction — and indeed both countries have concurrent jurisdiction requiring a cooperative approach in the interests of justice)
– with judges well-versed in the Law of the Sea (for example, Judge Rao and Judge Treves of the International Tribunal on the Law of the Sea)

– to calmly and objectively try the evidence of the case:

Was there murderous intent? Yes/No.
Was there criminal negligence? Yes/No.
Was there honest error? Yes/No.

That is it. Three questions are to be investigated for answers based on the evidence at hand.

This will require a **joint prosecution** — the Kerala police can give the experience of the victims, the Italian military prosecutor will be needed to depose the shooters themselves or otherwise ascertain the presence or not of mens rea. In any case, whatever the verdict, the men will return to the custody of the Italian military to serve any sentence.

The case will set a precedent in the Law of the Sea.

The personal nationality of the shooters and of the victims is wholly irrelevant — only the nationality of the vessels is relevant and the location in the waters. The shooters could have been nationals of a third country, the victims the nationals of a fourth. Italy has been disingenuous in claiming sovereign immunity saying they were military personnel — because the Italian vessel was not a warship but a merchant; and an Indian warship was within its rights under the Law of the Sea to arrest it and board it on suspicion of it having caused illegal violence on another vessel under Article 101 of the Law of the Sea: “Article 101 Piracy consists of …any illegal acts of violence … committed for private ends by the crew or the passengers of a private ship … and directed… on the high seas, against another ship … or against persons or property on board such ship…”. Equally, I do not think it salubrious if India has moved to designate an ordinary criminal court in Delhi as the Special Court required by the Supreme Court.   Neither the State of Kerala nor the NCT of Delhi has standing in law except as a witness as this is a matter of international law on the high seas between the Republic of Italy and the Republic of India.  The Supreme Court has asked for a *Special Court* to be established to try a case without known precedent in international law and diplomacy; it did not mean to merely change the venue from Kerala to Delhi.

My proposed design of such a Special Court may be the best there is.

Homicide at Sea: Which Vessel is the Pirate in the Italy-India Conflict?

Please see the current issue of the Denver Journal of International Law and Policy

http://djilp.org/3711/homicide-at-sea-which-vessel-is-the-pirate-in-the-italy-india-conflict/

Some two dozen rounds of a powerful automatic gun are suddenly fired from one vessel on the high seas onto another. The latter is an unarmed Indian fishing boat with nets cast. Two fishermen are killed on deck, some eleven are asleep below deck and are injured. The vessel has some 16 bullets on it. The shooter, an Italian oil tanker, departs the scene and apparently does not report to the closest maritime authority that it has fired at presumed pirates. But of course, it *itself* may be the pirate by the Law of the Sea convention because the specific gunmen might just have been, while on their long voyage, bored or drunk when they saw some dark thin figures in the distance in the water and thought they would get some target-practice for fun.  Viz., “Article 101 Piracy consists of …any illegal acts of violence … committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed…  on the high seas, against another ship … or against persons or property on board such ship…”.  These homicides that took place on the high seas may have been accidental (e.g. the gun jammed) or unintentional or deliberate murder, we do not know because the facts have not been allowed to be tried in court proceedings.

The fishing vessel returned weeping to port, the Indian Navy and Coast Guard to their credit engaged in hot pursuit, and managed to arrest the Italian vessel on the high seas, and the Italian vessel to its credit did not make a run for it but came into port.  Then the local provincial police arrested the alleged gunmen and charged them with murder etc under domestic law; and also refused to let the ship free until it had paid a bond etc.

Who has had jurisdiction? Italy or India? From the beginning I, on the basis of my little learning in 1973-74 under the late great Professor DHN Johnson at the London School of Economics, one of the authors of the Law of the Sea Convention being written at the time, said the answer was both — it is a case of *concurrent * jurisdiction, where Italy obviously has jurisdiction as it was an Italian vessel that caused the homicide at sea, while India too has jurisdiction as an Indian vessel was assaulted and India made the ship-arrest on the high seas.   The case needed clinical adherence to law and forensics by both countries in cooperative pursuit of the truth such that that elusive thing *the interests of justice* could prevail.

Italy rightly said the local domestic law of  *the land* did not apply, and the Supreme Court of India agreed with them. But Italy wrongly said India did not have jurisdiction at all, and the Supreme Court of India was clear that India had to create a *Special Court* for the purpose of a trial under international law.  *Had India not made the ship-arrest and prosecuted the case, the possible criminal act that may be involved in this homicide at sea would have disappeared altogether.*

Italy then asked for the two alleged gunmen to go home on parole for Christmas, the Supreme Court was assured by the Italian Government they would return to face trial, the Supreme Court granted them parole to do so, and they did return; some weeks later Italy asked for the two to go on parole again, this time to vote in their elections; again, with the same assurances, the Supreme Court of India allowed them to do so.

Now Italy has breached its undertaking to the Supreme Court and refused to return them, saying India is in breach of international law, and Italy has sent the alleged gunmen back to normal work without even any purported trial of facts in the case under Italian law or Italian military law.

The Italian Ambassador would normally be in clear Contempt of Court — except he has diplomatic immunity and cannot be arrested or prosecuted.  India, it seems to me, has no recourse but to take the drastic measure of declaring the Italian Ambassador and perhaps others of his staff *persona non grata*, and to expect an equivalent retaliatory measure from Italy, and for a chill in trade and business relations and tourism etc to set in for a while before things can get better.  Diplomatic expulsions need to demonstrate swiftness of purpose because they are a metaphor for warfare; waiting until March 22 because it is a court deadline or to give the other side a chance to respond is both tedious and silly. Besides, an expulsion is retaliated with by an expulsion usually; where it is not, it is the diplomatic equivalent of a military surrender.

It is an unfortunate rift in relations between friendly countries due to a random event on the high seas; it required the right application of international law to the facts, which neither Government separately or together managed to do; that was something I have feared and warned against from when it started.  In June, the local Italian Government consul asked to meet me and came to be fully apprised by me of what I thought the legal facts were and what could be done in the interests of justice. But they chose not to accept the advice.

Dr Subroto  Roy blogs at www.independentindian.com

See also
also http://independentindian.com/2013/03/19/solving-the-italy-india-conflict-lawfully-without-mutual-diplomatic-expulsions/

Life of my father, 1915-2012

From Facebook 20 May 2012:

Our endless topic of conversation remains my father’s death almost four months ago. He was a man like any other of virtues and vices. When he knew he was dying, we and his doctors did not; when we knew what he was dying of, he did not. I could not imagine a world in which he was not present and do not know how we coped. But what became clear in his last days, and indeed in his last months and his last years, is that his vices receded and vanished and his virtues came to the fore. That was through a conscious deliberate process he underwent in his last year or two of what I can only call philosophical reflection and self-examination, from a man who had never been remotely academic or philosophical or even fore-sighted. His final virtues were his deepest ones of courage and decency (feeling embarrassed at the difficulty he was causing me, and telling me so with his eyes as he could no longer speak), as well as magnanimity in forgiving me my infirmities. What a struggle it was for him to bring out his last coherent sentence some two weeks before he died in which he said “aami tomakey shorboda ashirbad kori”, or roughly, my blessings are always with you. It was really the last thing he said as clear as crystal.

I am reminded of what I happened to say in a 2001 review of a book

“T. S. Eliot in *Burnt Norton* seemed to speak of looking forward at life all the way to the point of death:

“At the still point of the turning world. Neither flesh nor fleshless;

Neither from nor towards; at the still point, there the dance is,

…Except for the point, the still point,

There would be no dance, and there is only the dance.”

Leavis drew attention to the religious meaning assigned to these lines by the critic D. W. Harding:

“For the man convinced of spiritual values, life is a coherent pattern in which the ending has its due place, and, because it is part of a pattern, itself leads into the beginning.”’

The first Governor of Bengal after the 1912 reunification of Bengal and East Bengal was the Scottish Liberal politician Thomas-Gibson Carmichael, the first (and apparently last) Baron Carmichael. This is a photograph of a 1916 visit he paid to Surendranath Roy’s home at Behala, Surendranath then being the Deputy President of the Bengal Legislative Council and probably the most influential officially recognised political statesman in Bengal at the time.

Surendranath’s younger son, Manindranath, is the bespecaled and moustachioed young man in the middle holding the child. If the child is a two or three year old, it would be my father’s elder brother; if the date of the photograph is late in 1916 and the child is a one year old, it would be my father.

My father seated perhaps c. 1919, with his elder brother..

My grandfather, Manindranath Roy (1891-1958) was a quiet enigmatic literary figure and artistic benefactor in Calcutta; he wrote very well and had excellent taste and manners (though was of foolish judgement in money and friends). This photograph is from about 1922 at Allahabad where he used to take his family on annual holiday. The little boy to the left behind his mother would grow up to become my father.

Manindranath is dressed in fine post-Edwardian fashion; at the time, his father, Surendranath Rai, was at the peak of his political career as first Deputy President and then President of the new Bengal Legislative Council. Surendranath was an orthodox Brahmin and chose never to wear Western-style suits and neck-ties, and he was thoroughly averse to the idea of dining with Europeans. Manindranath was the first to wear Western clothes, as well as to dine in Calcutta’s Western restaurants. There was tension between father and son due to such matters.

His mother Nirmala, 1900-1976, was a famed beauty of Uttarpara. She was married at age 9 to her husband who was 18, but the story went her mother-in-law slept between the couple for four years as he was constantly teasing her and pulling her hair. Finally the mother-in-law must have departed and she gave birth to her first son at age 13 and to my father at age 15.

Manindranath might have bullied his wife into posing for the risque photo below; his orthodox father would have almost certainly disapproved and forbidden it had he known.

Manindranath again in a photo with his wife that his father would almost certainly have disallowed. In the days before radio, Bengali society had literature and the arts to keep itself company (besides politics). Writing and reading poetry was a common hobby. Three principal literary journals were Bharatvarsha, Probasi and Bichitra. The long-standing editor of Bharatvarsha was Jaladhar Sen, and it was he who had introduced Sarat Chandra Chattopadhyaya to Manindranath when Sarat had returned (in impecunious circumstances) to Bengal from Burma, probably with a request that Sarat be supported and sponsored. We made a literary find a few years ago: a notebook of Manindranath’s that he had titled Mandakini. It contains some 51 poems and poetic songs composed between 1914 and 1936, from when he was aged about 23 to when he was 45. He has been dead fifty years now and no one knew of the existence of these poems until today. Nor had he told anyone of the work (perhaps because some of the poems are especially candid; his affairs of the heart outside his marriage were said to be notorious). Between about 1933 and 1943 Manindranath found himself facing trials and tribulations of such gravity and magnitude (caused in part by his own foolish squandering of his inheritance from his father) that he may have wished to forget, ignore or even regret his creative period. Many of the poems are recorded as having been published in literary journals of the time, like Bharatbarsha and Bichitra, and some are recorded as having been sung or performed on the new radio service of the time, especially around 1931…

My father with his elder brother and younger sisters, with their grandfather Surendranath c. 1927, on the front-terrace of the house Surendranath had built c. 1926.

I was surprised when he told me a few years ago he and his brother and cousins all wore dhotis right through college days. The sofa-chair is part of a set we use every day today.

This is a 1928 photo of the male members of the Roy Family of Behala, south of Calcutta, along with the children. Adult women would have been behind an effective “purdah”. The bearded patriarch in the middle is my great grandfather, the Hon’ble Surendra Nath Roy (1860-1929) the eldest son of Rai Bahadur Umbik Churn Rai (1827-1902). *The Golden Book of India* published at the time of the Victoria Jubilee said Umbik was the twelfth descendant of one Raja Gajendra Narayan Rai, Rai-Raian, a finance official under the Great Mughal Jahangir. Surendra Nath’s second son, my grandfather, Manindranath, is seated second from the right in the second row with spectacles and moustache.
The bright lad fourth from the left in the last row would grow up to be my father.

College days and then his first jobs, first with the Indian Oxygen and Acetylene Company (he knew nothing at all about chemistry), and then with the Tata Steel Company.

There seem to be large oxygen cylinders in the background of the picture at the top. He once told me that one came crashing down from a higher floor once and missed him by inches. That would have been the end of him, and our stories would not have begun at all. The lower photograph may have been with Indian Oxygen or the Tatas, I cannot tell for sure…He is standing dressed in a dapper cream double-breasted suit with a flower in his lapel-button it would seem; it suggests from his suit that the photo was dated 1936 at the Tatas, as that is written at the back of a previous photo in the same suit.

Posing with a friend c. 1937 perhaps outside the new Central Legislative building in New Delhi, which would later become India’s Parliament.

He left Indian Oxygen after a year to join the Tatas in Jamshedpur for half a dozen or so years. My mother’s father and brothers were all factory-men with the Tatas. Their family was completely different from his, being large and immensely happy with much song and studies and food and music. Her father worked with him and took a deep liking to the handsome aristocratic young man from the city, and invited him home often where he found a warmth and family-love he had not known before.

My parents married on 11 May 1942 during the war, with the Japanese bombing Calcutta. Soon thereafter my father joined the Government of India for the first time in the war-time Ministry of Supply.

The 1940 Lahore Resolution of the Muslim League did not mention the word “Pakistan” but is considered its political blueprint. MA Jinnah’s political support lay among the Muslim elite in Muslim-minority areas of India — he needed a show of support from the Muslim-majority provinces of Punjab and Bengal too, and indeed Sikandar Hyat Khan and AK Fuzlul Huq came to draft and present the Lahore Resolution.

Fuzlul Huq was Prime Minister of undivided Bengal from 1937-1943. On 11 May 1942, he led the bridegroom’s procession when my father went to wed my mother. Here is Fuzlul Huq entering the car to do so, with my grandfather Manindranath Roy helping him into the car. My mother’s family were surprised; they were Bengali Brahmins from Jamshedpur and did not quite know what to make of all this. My mother, aged 16 at the time, remembers she was non-plussed to find Fuzlul Huq ‘s bulky frame seated for some reason between her and her new husband in the car on the return journey too!

Fuzlul Huq, having been a young colleague of Surendranath Roy in the Bengal Legislative Council, was a family friend and treated my grandfather, Manindranath Roy, with affection. (Manindranath was a Justice of the Peace, but unlike his father was not political.)

Fuzlul Huq would apparently make requests of my grandmother for delivered meals during political confabulations; my grandfather’s family had been forced to leave Behala as the family home had been requisitioned by the military to be a hospital during the war, and they lived instead in Ballygunge. My father recalls cycling from there with the requested food to the political confabulations in the middle of the wartime blackout (Japanese aeroplanes had apparently reached Calcutta on their bombing missions).

Here too is a note dated 9 August 1945 from Fuzlul Huq to my grandfather thanking him for food and sending his “best blessings” to my grandmother — a Muslim, one of the founders of Pakistan, sends his blessings to an orthodox Hindu Brahmin family and everyone remains completely cheerful and apolitical: such was normal Indian secularism in practice at the time. Partition between India and Pakistan and the ghastliness that accompanied it, and the hatred and bloodshed that has followed, were all quite beyond anyone’s imagination at the time.

My parents and their eldest child Suchandra (Buju), about 1945-1946 on their way to Karachi where he headed a Ministry of Supply office. The single biggest thing my father did in his life happened here: returning from Karachi in late August 1947 as one of the last Govt of India officers there, he reported back to Shyama Prosad Mookherjee in Delhi that he had seen masses of Hindu Sindhi families huddled and camping out on the main road near the port and in danger of massacre (all the Hindu women dressed in black burkhas in fear, my father’s clerk was one Lalwani who took him around and begged him to do something); Mookherjee told him to prepare a note for the morning which he did overnight dictating to a typist, Mookherjee was a member of the Nehru Cabinet and put the note up there the next morning, the Nehru Govt sent three frigates from Bombay to Karachi the next day along with merchant vessels for a safe evacuation of the refugees… there was no massacre of the Hindu Sindhis in Karachi…. LK Advani and others  might make a note…

Perhaps because of the Karachi event, the young officer’s name came to be known in the small political/official world of Delhi at the time of Independence. I do not know how else the Mountbattens themselves came to invite him on 13 January 1948 or Prime Minister Nehru himself on 20 June 1948 in the official farewell to the Mountbattens. My father’s sensibility was such that he never made use of this in his later career in the new Indian Foreign Service that he would join some years later; I would have done, though I like him was never a careerist.

My father in 1952, now with the Ministry of Commerce as “Deputy Chief Controller of Imports and Exports”… He was a contemporary of Raj Kapoor, and met him and Dilip Kumar and Dev Anand in the Bombay of the times… We used to joke that perhaps he should have gone into the movies some time..

http://independentindian.com/2008/07/08/my-father-indian-diplomat-in-the-shahs-tehran-1954-1957/.

http://independentindian.com/2008/10/18/indira-gandhi-in-paris-1971/

http://independentindian.com/2011/11/07/my-father-after-presenting-his-credentials-to-president-kekkonen-2/

From Facebook, 5 February 2012:

It is a month ago today that my father was admitted to hospital, for the first time in almost 40 years. A day or so later we learnt he was terminally ill, and it is almost two weeks now that he died, just as these last doctors said he would. For more than a month before that we had been bewildered about what could be wrong, and what we were told came as a surprise, a shock, not least at our own infirmity and failure. From then until now I have been trying to understand and explain what happened. I published a book some 22 years ago with “On the Scope of Reason” in its title. I claim as my philosophical master someone who spent his life reflecting on the scope of reason, in moral philosophy, in theology, in life — and he claimed as his philosophical master someone who spent his life reflecting on the nature of reason and mind and the unconscious mind in particular. Before I ever entered economics or philosophy I had some knowledge of natural science, biology and chemistry in particular. My father’s death and our failure to comprehend it has needed an explanation that draws upon all this. Slowly that has been taking shape. It was definitely a lapse of rationality, on my part, on his, on his doctors’, and perhaps others. The thickening of the bladder wall had been noticed some years ago but was not paid adequate attention to. Out of wishful thinking, out of Aristotle’s akrasia or weakness of the will, out of a wish to choose the path of least resistance. There are lessons there for life and medicine and economics and political economy too.

From 1957,  Montreal, a cartoon by Vazar of Mike Roy, Indian diplomat, going about his business, mostly promoting Indian exports to Canada, especially tea…. (Note the CD for Corps Diplomatique and the hat…)

My Seventy-One Notes at Facebook etc on Kashmir, Pakistan, and, of course, India

My Seventy-One Notes at Facebook etc on Kashmir, Pakistan, and, of course, India (listed thanks to JD)

(I am afraid you need a Facebook account to see most of these, though several are in the newspapers and/or at this site too.  I will try in due course to have everything reproduced here too.)

1) Talking to my student and friend Amir Malik about Pakistan and its problems

http://www.facebook.com/note.php?note_id=10150297082781126

Tuesday, September 27, 2011

2) My thanks to Mr Singh for seeing the optimality of my Kashmir solution

http://www.facebook.com/note.php?note_id=10150271489571126

Sunday, September 4, 2011

3) Zafrullah, my father, and the three frigates: there was no massacre of the Hindu Sindhi refugees in Karachi in 1947

http://www.facebook.com/note.php?note_id=10150265008366126

Saturday, August 27, 2011

4) Conversation with Mr Birinder R Singh about my Kashmir solution

http://www.facebook.com/note.php?note_id=10150259831611126

Saturday, August 20, 2011

5) On the Hurriyat’s falsification of history

http://www.facebook.com/note.php?note_id=10150258949946126

Friday, August 19, 2011

6) Letter from a young Pashtun whose grandfathers were in the 1947 invasion of Kashmir (which the Hurriyat says never happened)

http://www.facebook.com/note.php?note_id=10150258851821126

Friday, August 19, 2011

7) More on my solution

http://www.facebook.com/note.php?note_id=10150258100876126

Thursday, August 18, 2011

8  ) A Hurriyat/Taliban Islamist emirate in the Valley subject to an Indian blockade would likely face famine.

http://www.facebook.com/note.php?note_id=10150257700231126

Wednesday, August 17, 2011

9) There is no Kashmiri nationality and there never has been in the modern era of international law

http://www.facebook.com/subyroy?sk=notes&s=20

Monday, August 15, 2011

10) Of the Flag of Pakistan, and the Union Jack, and the Flag of India — August 14-15 1947

http://www.facebook.com/note.php?note_id=10150255301456126

Sunday, August 14, 2011

11) Talking about Kashmir in 1947 to Ralph Coti

http://www.facebook.com/note.php?note_id=10150254871116126

Saturday, August 13, 2011

12) Conversation with Prof. Bhim Singh about 1947

http://www.facebook.com/note.php?note_id=10150254495896126

Saturday, August 13, 2011

13) The LOC represents the division of ownerless, sovereignless territory won by military conquest by either side…

http://www.facebook.com/note.php?note_id=10150245816611126

Monday, August 1, 2011

14) Talking to Mr Tauseef

http://www.facebook.com/note.php?note_id=10150245521131126

Monday, August 1, 2011

15) J&K had ceased to exist as an entity in international law by August 15 1947, at most by October 22 1947

http://www.facebook.com/note.php?note_id=10150244867021126

Sunday, July 31, 2011

16) Would someone be kind enough to tell me which freedoms Indian Kashmiris are being deprived of?

http://www.facebook.com/note.php?note_id=10150243323381126

Friday, July 29, 2011

17) Kunan Poshpora: I would say the evidence reported by the Verghese Committee itself was enough to indicate there had been rape 28 July 2011

18) Talking to Mr Rameez Makhdoomi about Kashmir

http://www.facebook.com/note.php?note_id=10150241973371126

Wednesday, July 27, 2011

19) And, as you well know, General Hasnain is both Muslim and Kashmiri, besides being the Commanding Officer of 15 Corps.

http://www.facebook.com/subyroy?sk=notes&s=40

Friday, July 22, 2011

20) Kashmir needs a Coroner’s Office!

http://www.facebook.com/note.php?note_id=10150238284741126

Friday, July 22, 2011

21) A slogan for Kashmir: No exaggerations, no hallucinations, no cover-ups please: Just the plain facts & accountability

http://www.facebook.com/note.php?note_id=10150238136556126

Friday, July 22, 2011

22) Towards a Spatial Model of Kashmir’s Political History

http://www.facebook.com/note.php?note_id=10150234599731126

Sunday, July 17, 2011

23) Why did Allama Iqbal say “India is the greatest Muslim country in the world…”?

http://www.facebook.com/note.php?note_id=10150233148866126

Friday, July 15, 2011

24) Conversation with Mr Arif

http://www.facebook.com/note.php?note_id=10150230793806126

Tuesday, July 12, 2011

25) Omar Qayoom Bhat: A Victim of State Repression in J&K

http://www.facebook.com/note.php?note_id=10150229389496126

Monday, July 11, 2011

26) Good and evil in Kashmir over more than a millennium…

http://www.facebook.com/note.php?note_id=10150217168656126

Sunday, June 26, 2011

27) Letter to Mr Zargar (Continued)

http://www.facebook.com/note.php?note_id=10150212034496126

June 23, 2011

28) From the Official Indian Army website re Human Rights Violations

http://www.facebook.com/note.php?note_id=10150210741356126

Wednesday, June 22, 2011

29) A Facebook Discussion on Kashmir with the Lahore Oxford & Cambridge Society

http://www.facebook.com/note.php?note_id=10150208871201126

Sunday, June 19, 2011

30) Answering two central questions on the Kashmir Problem

http://www.facebook.com/note.php?note_id=10150202054326126

Friday, June 10, 2011

31) Some articles on Jammu & Kashmir, Pakistan, Afghanistan

http://www.facebook.com/note.php?note_id=10150201498846126

Friday, June 10, 2011

32) Lar ke lenge Pakistan? Khun se lenge Pakistan?

http://www.facebook.com/note.php?note_id=10150195065706126

Thursday, June 2, 2011

33) On Pakistan & Questions of the Nature & Jurisprudence of Polities

http://www.facebook.com/note.php?note_id=10150165301016126

Saturday, April 30, 2011

34) On “state involvement” (January 2009)

http://www.facebook.com/note.php?

on Friday, April 22, 2011

35) My four main 2005-06 articles on the existence of a unique, stable solution to Kashmir

http://www.facebook.com/note.php?note_id=10150155305266126

Sunday, April 17, 2011

36) On the present state of the Pakistan-India dialogue

http://www.facebook.com/note.php?note_id=10150140448906126

Thursday, March 31, 2011

37) Mixed messages (from a Dec 2008 post on Pakistan just after the Mumbai massacres)

http://www.facebook.com/note.php?note_id=10150117696731126

Tuesday, March 29, 2011

38) New Foreign Policy? “Kiss Up, Kick Down”? (October 2006)

http://www.facebook.com/note.php?note_id=10150098854806126

Friday, March 4, 2011

39) Conversations with Kashmiris: An Ongoing Facebook Note

http://www.facebook.com/note.php?note_id=489267761125

Saturday, January 22, 2011

40) On Pakistan and the Theory & Practice of the Islamic State, 1949, 1954

http://www.facebook.com/note.php?note_id=486039761125

Saturday, January 15, 2011

41) A Modern Military (2006)

http://www.facebook.com/note.php?note_id=483556931125

Monday, January 10, 2011

42) India’s Muslim Voices: Sir Sikandar Hyat Khan (1892-1942), Punjab Prime Minister 1941

http://www.facebook.com/note.php?note_id=476020171125

Monday, December 27, 2010

43) Pre-Partition Indian Secularism Case-Study: Fuzlul Huq and Manindranath Roy

http://www.facebook.com/note.php?note_id=445015731125

Tuesday, October 26, 2010

44) A Brief Note on Bangladesh, Pakistan, India and the Pashtuns 1971-2010

http://www.facebook.com/note.php?note_id=414500306125

Wednesday, July 28, 2010

45) On the Existence of a Unique and Stable Solution to the Jammu & Kashmir Problem that is Lawful, Just and Economically Efficient

http://www.facebook.com/note.php?note_id=407478886125

Monday, July 5, 2010

46) Seventy Years Today (Sep 4 2009) Since the British Govt Politically Empowered MA Jinnah

http://www.facebook.com/note.php?note_id=407310716125

Monday, July 5, 2010

47) Justice & Afzal (Oct 14 2006)

http://www.facebook.com/note.php?note_id=393914236125

Tuesday, May 18, 2010

48) My (armchair) experience of the 1999 Kargil war (Or, How the Kargil effort got a little help from a desktop)

http://www.facebook.com/note.php?note_id=388161476125

Thursday, April 29, 2010

49) A Brief History of Gilgit

http://www.facebook.com/note.php?note_id=336081356125

Monday, March 1, 2010

50)  India-USA interests: Elements of a serious Indian foreign policy (2007)

http://www.facebook.com/note.php?note_id=299902341125

Wednesday, February 10, 2010

51) Ambassador Holbrooke’s error of historical fact

http://www.facebook.com/note.php?note_id=259713446125

Sunday, January 17, 2010

52) Of a new New Delhi myth & the success of the Univ of Hawaii 1986-1992 Pakistan project (Nov 15 2008)

https://www.facebook.com/note.php?note_id=247284116125

Sunday, 10 January 2010

53) Was Sheikh Mohammad Abdullah (1905-1982), Lion of Kashmir, the greatest Muslim political leader of the 20th Century?

http://www.facebook.com/note.php?note_id=244956301125

Friday, January 8, 2010

54) On Indian Nationhood: From Tamils To Kashmiris & Assamese & Mizos To Sikhs & Goans (2007)

http://www.facebook.com/note.php?note_id=222511821125

Friday, December 25, 2009

55) India has never, not once, initiated hostilities against Pakistan (2009)

http://www.facebook.com/note.php?note_id=194400926125

Wednesday, December 2, 2009

56) RAND’s study of the Mumbai attacks (Jan 25 2009)

http://www.facebook.com/note.php?note_id=189261716125

Wednesday, November 25, 2009

57) Memo to the Hon’ble Attorneys General of Pakistan & India (January 16 2009)

http://www.facebook.com/note.php?note_id=189251816125

Wednesday, November 25, 2009

58) On Hindus and Muslims (2005)

http://www.facebook.com/note.php?note_id=172649451125

Tuesday, November 3, 2009

59) Iqbal & Jinnah vs Rahmat Ali in Pakistan’s creation (2005)

http://www.facebook.com/note.php?note_id=171039831125

Saturday, October 31, 2009

60) Have “mixed messages” caused a “double-bind” in the US-Pakistan relationship?

http://www.facebook.com/note.php?note_id=164051251125

Wednesday, October 21, 2009

61) Pakistan’s Kashmir obsession: Sheikh Abdullah Relied In Politics On The French Constitution, Not Islam (Feb 16 2008)

http://www.facebook.com/note.php?note_id=154064436125

Thursday, October 8, 2009

62) Two cheers for Pakistan! (April 7 2008)

http://www.facebook.com/note.php?note_id=154062896125

Thursday, October 8, 2009

63) What to tell Musharraf: Peace Is Impossible Without Non-Aggressive Pakistani Intentions (Dec 15 2006)

http://www.facebook.com/note.php?note_id=153985256125

Wednesday, October 7, 2009

64) India’s Muslim Voices (Dec 4 2008)

http://www.facebook.com/note.php?note_id=153977181125

Wednesday, October 7, 2009

65) Saving Pakistan: A Physicist/Political Philosopher May Represent Iqbal’s “Spirit of Modern Times” (2007)

http://www.facebook.com/note.php?note_id=153971996125

Wednesday, October 7, 2009

66) The Greatest Pashtun: Khan Abdul Ghaffar Khan (1890-1988)

http://www.facebook.com/note.php?note_id=153812126125

Wednesday, October 7, 2009

67) Law, Justice and Jammu & Kashmir (2006)

http://www.facebook.com/note.php?note_id=152464726125

Monday, October 5, 2009

68) Solving Kashmir: On an Application of Reason (2005)

http://www.facebook.com/note.php?note_id=152462776125

Monday, October 5, 2009

69) Understanding Pakistan (2006)

http://www.facebook.com/note.php?note_id=152348161125

Monday, October 5, 2009

70) Pakistan’s Allies (2006)

http://www.facebook.com/note.php?note_id=152345826125

Monday, October 5, 2009

71) History of Jammu & Kashmir

http://www.facebook.com/note.php?note_id=152343836125

Monday, October 5, 2009

and of course, from 20 years ago,

https://www.facebook.com/photo.php?fbid=164040022284&set=a.136688412284.112038.632437284&type=3&theater

Annals of Diplomacy & International Relations

From Facebook:

Subroto Roy  finds it odd in diplomatic law and protocol that two American Presidents in succession have said respectively to the same Indian Prime Minister “You’re a good man” and a person of “honesty and integrity”.

Subroto Roy thinks Asia (from Israel-Palestine to Japan & Indonesia) needs its own Metternich and Congress of Vienna, but won’t get it and hence may remain many many decades behind Europe in political development. (And why Asia won’t get what Europe did may be because Europe did what it did.)

Subroto Roy agrees with Professor Juan Cole’s summary position: “India and Russia want an Obama ‘surge’ in Afghanistan because they are afraid that if Muslim extremists take over the country, that development could threaten their own security. China is more or less bankrolling the Afghanistan War…In contrast, Pakistan does not seem… eager for the further foreign troops, in part because it wants to project power and influence into Afghanistan itself”.  But he would add Russia, China, India and Iran too are free-riders from the military standpoint (though India has built power-stations, roads etc for civilian economic development), while Pakistan remains schizophrenic as to whether it wishes to define itself by the lights of Iqbal and Jinnah or by the lunacy of Rahmat Ali.

My Ten Articles on China, Tibet, Xinjiang, Taiwan in relation to India

I have had a close interest in China ever  since the “Peking Spring” more than thirty years ago but I had not published anything relating to China until 2007-2008 when I published the ten articles listed below:

“Understanding China”, The Statesman Oct 22 2007

“India-US interests: Elements of a serious Indian foreign policy”, The Statesman Oct 30 2007

“China’s India Aggression”, The Statesman, Nov 5 2007,

“Surrender or Fight? War is not a cricket match or Bollywood movie. Can India fight China if it must? “ The Statesman, Dec 4 2007

“China’s Commonwealth: Freedom is the Road to Resolving Taiwan, Tibet, Sinkiang” The Statesman, December 17, 2007

“Nixon & Mao vs India: How American foreign policy did a U-turn about Communist China’s India aggression”. The Statesman, January 7 2008.

“Lessons from the 1962 War: there are distinct Tibetan, Chinese and Indian points of view that need to be mutually comprehended,” The Statesman, January 15, 2008

“China’s India Example: Tibet, Xinjiang May Not Be Assimilated Like Inner Mongolia, Manchuria”, The Statesman, March 25, 2008

“China’s force and diplomacy: The need for realism in India”, The Statesman, May 31, 2008

“Transparency and history” (with Claude Arpi), Business Standard, Dec 31 2008

With new tensions on the Tibet-India border apparently being caused by the Chinese military, these may be helpful for India to determine a Plan B, or even a Plan A, in its dealings with Communist China.

Subroto Roy

Kolkata

From being a critic to becoming a fan of the Clintons

I got to Washington in the summer of 1992, just before the Clintons arrived, and lived there through all of 1993 and a bit of 1994.   It is fair to say I have been continually critical — right until Mrs Clinton’s brilliant speech at the Democratic convention last year.  Now I may have become a bit of a fan.  Could the successful North Korea visit be Bill Clinton’s most dignified and single most poignant political deed? And Hillary appears to have finally found her calling as Secretary of State.  She was an excellent diplomatist on her recent India-visit — and certainly put our rather dull political class into the shade.  President Obama gets some credit here for good managerial decisions behind the scenes.

Subroto Roy

Disquietude about France’s behaviour towards India on July 14 2009

The Indian press and media, especially the Government-owned part, exulted about Dr Manmohan Singh’s presence at France’s Bastille Day parade this year.   And of course it was generally a splendid occasion and there were things that the organisers of Indian military parades could have and should have learnt from it.   But there were two sources of disquietude.

Did anyone but myself notice that Dr Manmohan Singh had been placed on the left hand side of the French President?   Is that the place of a Guest of Honour?

Who was on the right hand side?  Germany’s President Horset Köhler.   Why?  Some French reports said Dr Singh was the Guest of Honour; others said both were.  Either way diplomatic protocol should have placed Dr Singh to the right of President Sarkozy.  If President Köhler too was an equivalent Guest of Honour through some last minute diplomatic mishap, he should have been to the right of Dr Singh.

France slighted India by placing Dr Singh to the left of President Sarkozy and still calling him the Guest of Honour.  (And why Dr Singh was invited was clearly not because of any new great power status for India but firstly to reciprocate the recent invitation to President Sarkozy last 26 January, and secondly, to gain advantage in business deals with India.)

Secondly, what business did a French paratrooper have to parachute out of an aircraft holding India’s tricolour and then, upon landing, drag it momentarily on the ground?  What business did two French paratroopers have to be holding the Indian  tricolour in a salute to the French President?

Again, France has slighted India.

I love Paris and I am generally Francophilic — except for such  instances of Napoleonic self-aggrandisement.

Subroto Roy

Kolkata

Postscript July 15:  Where her husband did not, Mme Sarkozy  did get the protocol  right, placing Mme Singh to her immediate right and Mme Köhler to Mme Singh’s right.

sarkozy


Follow

Get every new post delivered to your Inbox.

Join 57 other followers