IN an increasingly volatile South Asian landscape, where the stakes of conflict extend far beyond borders, adherence to international legal norms has never been more critical.
Yet recent developments raise serious concerns about the selective application of these laws, particularly in the context of India’s actions against Pakistan.
When states bypass established legal mechanisms, disregard civilian protections and operate outside the bounds of transparency and accountability, it signals a dangerous shift toward unilateralism and impunity.
The legal standard for self-defence under Article 51 of the United Nations Charter is unequivocal: the use of force is permissible only in response to an actual or imminent armed attack.
Retaliation for a past incident, particularly one still under dispute, fails to meet this criterion.
The International Court of Justice (ICJ) has reaffirmed this principle in multiple landmark rulings, including Nicaragua v.
United States and Democratic Republic of the Congo v.Uganda.
In both cases, the Court underscored that the right to use force requires compelling evidence of an armed attack directly attributable to a state.
India has neither presented such evidence nor pursued the appropriate international legal avenues.
It has bypassed the UN Security Council and declined to seek an impartial investigation into the alleged events.
Moreover, India’s targeting of civilian infrastructure further exacerbates its breach of international law.
Under the Geneva Conventions and their Additional Protocols, attacks on civilians and religious sites are strictly prohibited unless these are being used for military purposes.
This erosion of legal norms is not occurring in isolation.
It reflects a broader pattern shaped by precedents set by powerful states.
The growing perception of double standards in global enforcement has emboldened others to act unilaterally, cross borders, kill civilians and invoke terms like “terrorism” or “self-defence” as justification.
India’s actions represent a critical test of the international community’s commitment to the rule of law.
If these actions are allowed to pass without accountability, it will send a dangerous message: that impunity has replaced legality.
Such a precedent cannot, and must not, be allowed to stand.
I think that the ceasefire is a strategic move of India on US advice to get some breathing space.
We have seen that the US had brokered ceasefire between Hamas and Israel, but Israel did not follow it and kept attacking despite the agreement.
The US and Israel are arming India with advanced weapons, and we can observe the large movements of US cargo planes C17 landing in India, so the game is not over and India may strike Pakistan again in coming days or weeks.
We are fighting a war on an uneven battlefield that concerns the water flow to Pakistan.
Indians are taking full advantage of being in a controlling position.
Therefore, they can reduce the water flow to Pakistan when it is needed for crops and can release it triggering floods.
The question is what the solution is and what is the way forward without being emotional as the emotion leads to wrong decisions that can be devastating.
Viable frameworks for a just and peaceful resolution of the Kashmir dispute already exist, such as the Musharraf-era formula.
These or any other mutually acceptable proposals should be actively explored, whether through public dialogue or discreet backchannel diplomacy.
While hardline elements, particularly in India, are likely to oppose any move toward negotiations, the reality remains that an innovative, out-of-the-box solution acceptable to Pakistan, India and the Kashmiri people is the only viable path to lasting peace in South Asia.
If India persists with repressive policies in India-occupied Kashmir and continues efforts to alter the region’s demographic makeup, it will only deepen public resentment and fuel further instability.
What is urgently required is statesmanship, vision and a commitment to dialogue from all sides.
Only by abandoning the path of confrontation in favour of peaceful coexistence can a sustainable and just resolution be achieved.
Pakistan remains committed to engaging with the United States and the international community in efforts to promote peace, security and prosperity in the region.
—The writer is former Secretary Election Commission of Pakistan and currently Chairman National Democratic Foundation. ([email protected])
