ISLAMABAD: In a communication, UN experts have said that India violated the prohibition on the use of force under the UN Charter by using military action inside Pakistan in May and sought a response regarding India's potential human rights violations and its unilateral suspension of the Indus Waters Treaty.
UN Special Rapporteurs and an independent expert, under the Human Rights Council's mandate, in a Special Procedures communication dated Oct. 16 but released recently, had sought the Indian government’s response within 60 days. No such response has been made public so far.
Pakistan’s call for independent investigation
In their communication, the UN officials strongly condemned the Pahalgam attack and emphasized that those responsible must be brought to justice in accordance with the law.
They highlighted that Pakistan had denied any involvement in the incident and consistently called for an independent, transparent, and impartial investigation.
They stated that on May 7, India used force within Pakistan’s territory under Operation Sindoor and that “India did not ... notify the Security Council that its operation was in the exercise of the right of self-defense under article 51 of the United Nations Charter, under the procedures required by that article.”
In the communication, the experts stated: "We are equally concerned that India did not notify the Security Council of any claim of self-defense under Article 51 of the Charter.”
Lack of credible evidence
They further stated: “We are concerned that India has not disclosed credible evidence that the militants who committed the Pahalgam attack were sent to attack India by the Government of Pakistan.”
They highlighted in the communication that, “According to Pakistan, civilian areas were struck, including mosques, and a number of civilians were killed and injured.”
They added: “We are concerned that India’s response … appears to have violated the rights to life and security of person, as a result of the unlawful use of force on Pakistan’s territory.”
The experts stated that, “As such, it appears that India has violated the prohibition on the use of force under article 2(4) of the Charter…”
“The unlawful use of force would consequently constitute a violation of the right to life under article 6 of the ICCPR [International Covenant on Civil and Political Rights],” they added.
The experts stated: “There is no separate right to unilaterally use military force in foreign territory in order to counter terrorism.”
The communication highlights that “…India may itself have committed an armed attack on Pakistan, entitling Pakistan to exercise self-defense under article 51 of the Charter…”
“The illegal use of force on foreign territory would also constitute a violation of the foreign State’s sovereignty and the duty of non-intervention in a foreign State,” it says.
On the Indus Waters Treaty
On the issue of the Indus Waters Treaty and arbitration, the communication states: “India challenged the Court’s jurisdiction … and has refused to participate in the proceedings.”
The communication states, “We are deeply concerned that any disruption of the flow of water to Pakistan … could severely affect the human rights of millions of people in Pakistan…”
The experts ask the Indian government to respond to several questions.
They request India to provide additional information on the allegations and clarify whether it will offer reparations and an apology for violations of the right to life from unlawful use of force in Pakistan.
It also asks India to explain its commitment to fulfilling obligations under the Indus Waters Treaty without interfering with Pakistan's rights and the human rights of affected populations.
The text seeks clarification on measures to prevent harm to rights related to water, environment, food, and development resulting from Treaty disruptions.
It also inquires whether India will peacefully settle Treaty disputes through proper provisions and pursue the peaceful resolution of the Jammu and Kashmir territorial dispute in accordance with international law and the right of self-determination.
The UN experts added: “This communication and any response received from your Excellency’s Government will be made public via the communications reporting website within 60 days. They will also subsequently be made available in the usual report to be presented to the Human Rights Council.”
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