Conflict Classification Through the Prism of International Humanitarian Law (IHL): The Case of Balochistan

Abstract

Table 1 Coding mechanism of interviewees 15 Table 2 Major armed groups involved in Balochistan Insurgency 32 Table 3 Complied by using data from PIPS, Dawn and SATP 49

ABSTRACT Inspired from its history and ethnic lineage and devastated from constant underrepresentation in centre, resource exploitation, and lack of development, the province of Balochistan has been the hub as well as the victim of Pakistan’s oldest insurgency that firstly came to surface in 1948. Since then, Balochistan has faced five violent waves of insurgencies, a manifestation of nationalist sentiments, each subsequent wave bigger than the previous one in sense of perpetuated violence, intensity, longevity and inclusion of people and geographical areas. The fifth wave (2005) seems to be the deadliest of all in terms of fatalities and frequency of violent attacks. The present ethno-separatist Baloch insurgent (armed) groups have not only continued to operate despite the stringent counter-insurgency operations led by state’s military forces, but they have also managed to become well-organised and plan and carry out strategically important attacks. The research argues that the protraction of the violent situation in Balochistan, increased intensity of violence over the years, and sophisticatedly organised armed groups, specifically Baloch Liberation Army (BLA), qualify the insurgency as non-international armed conflict (NIAC), provided in international humanitarian law (IHL). The research thoroughly discusses the framework of LONIAC and employs the criteria of organisation and intensity, laid out by common Article 3, Additional Protocol II and Tadic formula, on Baluchistan’s case. Using purposive sampling, relevant stakeholders and experts on Balochistan were interviewed, which was coupled with secondary data, extracted from security reports published by state institutions and humanitarian organisations, research and news articles, and interviews conducted with leaders of armed groups. The data clearly shows that Baloch insurgency groups and conflict has now reached the threshold needed for the qualification of NIAC. The work presents a commentary on the application of the set criteria of NIAC to an underrepresented conflict that has been terrorizing the state in general and people of Balochistan in particular.