India Must Leverage International Law to Counter Pakistan-Sponsored Terrorism

India Must Leverage International Law to Counter Pakistan-Sponsored Terrorism

Why in News?
Following Operation Sindhoor’s demonstration of India’s kinetic response capabilities, experts are advocating for a robust “lawfare” strategy—using international legal mechanisms to hold Pakistan accountable for state-sponsored terrorism. This approach gains urgency amid Pakistan’s continued support for cross-border terror attacks, including recent incidents like the Poonch ambush.

Key Legal Instruments Available

1. SAARC Regional Convention on Suppression of Terrorism

   • Binds Pakistan to prevent and prosecute terror activities.

   • Article 6 mandates action against terror financing.

2. UN Terrorism Conventions

   • ICSFT (Financing of Terrorism Convention): Article 20 criminalizes terror funding.

   • Terrorist Bombing Convention: Requires prosecution of bombings.

   • Both allow ICJ jurisdiction (Articles 24 & 20), bypassing Pakistan’s usual consent requirements.

3. UNSC Resolutions

   • Resolutions 1267 and 1373 sanction states harboring terrorists.

India’s Legal Opportunities

1. Build an Ironclad Case

• Publicize evidence of Pakistan’s role in attacks (e.g., 26/11 Mumbai, Poonch).

• Deploy parliamentary delegations to global forums to highlight violations.

2. Approach the ICJ

• Precedent: Ukraine vs Russia (2023) shows ICJ can act despite jurisdictional reservations.

• Strategy: Withdraw India’s reservation under the Terrorist Bombing Convention to sue Pakistan.

3. Exploit Pakistan’s Weaknesses

• Islamabad’s admission of involvement in 26/11 (via Kasab’s nationality).

• Documented links between ISI and groups like LeT/JeM.

Challenges & Solutions

Way Forward

1. Legal Capacity Building: Train diplomats and lawyers in international law.

2. Multilateral Pressure: Rally allies to isolate Pakistan in FATF, UNGA.

3. Hybrid Strategy: Combine kinetic ops (like Sindhoor) with legal actions.

Conclusion
While military responses remain vital, India must weaponize international law to impose diplomatic and economic costs on Pakistan. A sustained lawfare campaign—backed by evidence and ICJ proceedings—can reshape global opinion and weaken Pakistan’s terror infrastructure.

5 Key Questions
Q1: What is “lawfare” in counter-terrorism?
A1: Using legal tools (treaties, ICJ) to hold terror-sponsoring states accountable.

Q2: Which treaty articles allow ICJ action against Pakistan?
A2: ICSFT Article 24 and Terrorist Bombing Convention Article 20.

Q3: How did Ukraine’s ICJ case against Russia set a precedent?
A3: Showed ICJ can rule on treaty violations despite jurisdictional issues.

Q4: Why must India revise its Terrorist Bombing Convention stance?
A4: To remove reservations blocking ICJ cases against Pakistan.

Q5: What’s the strategic value of ICJ proceedings?
A5: Global shaming of Pakistan, even if enforcement is limited.