THE recent incident of terrorism at Pahalgam, Jammu and Kashmir, where 26 tourists tragically lost their lives, has reignited severe geopolitical tensions between India and Pakistan.
India swiftly blamed Pakistan for orchestrating the violence, immediately imposing punitive diplomatic and economic measures against Islamabad.
Foremost among these was India’s unilateral suspension of the historic Indus Waters Treaty of 1960, an action that Pakistan contends not only violates international law but also equates to a declaration of war.
The strategic context provides clarity on India’s potential objectives behind blaming Pakistan for the Pahalgam attack.
Domestically, India is grappling with mounting political pressures and internal dissent, especially regarding Kashmir’s disputed status.
A narrative attributing violence to external actors conveniently diverts attention from domestic policy shortcomings and unites public opinion against a common external threat—Pakistan.
This is not India’s first time doing this, but we have to understand the larger gains it wants to achieve.
Internationally, branding Pakistan as a sponsor of terrorism enables India to diplomatically isolate its neighbour and pressure global actors to withdraw support from Islamabad.
Simultaneously, it justifies India’s aggressive military and political measures in India-occupied Jammu and Kashmir (IOJK), including the revocation of Article 370 and harsh security crackdowns that suppress dissent.
This narrative also facilitates stronger and unpopular decisions in the name of security.
India’s swift blame on Pakistan for the Pahalgam attack, without transparent investigation, breaches international law, notably Article 2(4) of the UN Charter, which prohibits threats or use of force against another state’s sovereignty.
Retaliatory actions like border closures and diplomatic expulsions further violate this norm.
Under Article 51, self-defence is justified only after a clear armed attack—something India has not conclusively proven.
Such baseless accusations heighten tensions, risk conflict and undermine the principles of responsible state behaviour, posing a serious threat to regional peace and stability.
The Indus Waters Treaty (IWT) suspension is the most alarming among India’s retaliatory measures.
Under the Treaty brokered by the World Bank in 1960, India controls the waters of the eastern rivers (Ravi, Beas, Sutlej), while Pakistan retains rights over the western rivers (Indus, Jhelum, Chenab).
Crucially, Article XII(4) of the Treaty clearly states that it cannot be unilaterally terminated or altered by either party without mutual agreement.
India’s suspension disregards this explicit provision, constituting a fundamental breach.
Additionally, according to international water laws—particularly the UN Convention on the Law of the Non-Navigational Uses of International Watercourses (1997)—lower riparian states like Pakistan have legally protected rights.
Articles 5 and 7 of this Convention affirm equitable use and prevention of significant harm, underscoring that depriving Pakistan of its rightful water resources constitutes aggression, tantamount to a declaration of hostility or war under international conventions.
Historically, false-flag accusations or manipulated events have often precipitated conflicts.
Examples include Germany’s Gleiwitz incident (1939), where fabricated attacks were used as a pretext for invading Poland, and the Yugoslav Operation Labrador (1991), designed to implicate Croatian forces falsely.
More recently, cyber operations such as Russia’s Olympic Destroyer attack (2018) highlighted contemporary false attributions.
These historical cases demonstrate how misinformation or fabricated accusations can dangerously escalate international crises.
In response, affected states have frequently appealed to international forums, particularly the International Court of Justice (ICJ), the UN Security Council, or diplomatic negotiations to defuse tension and seek redress.
Transparent, internationally overseen investigations have also served as tools for accused states to counter unfounded claims and re-establish their diplomatic legitimacy.
India has always acted as an immature neighbour without evaluating the impact of such false and baseless blames, which are hard to prove in the present age of technology.
Considering historical precedent and international law frameworks, other than the steps taken by Pakistan in response to the false accusation, Pakistan should adopt a multifaceted strategy: Pakistan must insist upon an impartial international investigation to verify India’s accusations concerning the Pahalgam attack, reinforcing transparency and credibility in the eyes of global observers.
Pakistan can file a case with the ICJ, citing breaches of the Indus Waters Treaty (specifically Article XII(4)) and international watercourse law.
This legal action would clarify the illegality of India’s unilateral treaty suspension and could potentially mandate restitution or cessation of treaty violations.
As a member state, Pakistan should seek intervention from the UN Security Council, highlighting how India’s provocative measures threaten international peace under Articles 33 and 34 of the UN Charter and urging the council to facilitate diplomatic mediation.
Pakistan can also involve the UN or the World Bank, which brokered the treaty.
Pakistan can request a special meeting of the UNSC and table a resolution against India, highlighting its false claims and hostile acts (e.g., suspending water treaties), arguing these actions threaten regional security.
It can also push for Sanctions against India, for which strong lobbying will be required.
Intensifying diplomatic communications, Pakistan should actively counter India’s narrative by highlighting its consistent anti-terrorism measures while underscoring India’s violation of international agreements.
This will strategically reinforce Pakistan’s stance as a responsible international actor and neutralize India’s claims of state-sponsored terrorism.
India’s reaction to the tragic Pahalgam attack, especially its unilateral suspension of the Indus Waters Treaty, represents a significant violation of international law, effectively constituting aggression against Pakistan.
Given historical contexts and international legal standards, Pakistan is justified in challenging India’s actions diplomatically and legally.
Pakistan can robustly counter India’s allegations and protect its sovereign rights by invoking international institutions and demonstrating adherence to lawful conduct.
The international community is responsible for ensuring such disputes are resolved peacefully, maintaining regional stability and respect for international norms.
—The writer is a International Law expert with a rich experience in negotiation, mediation and Alternate Dispute Resolution. ([email protected])
