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Balakot airstrike: India’s failure at legal front?

25 20 231
06.03.2019

Imran Jan |

Emotions, political rhetoric, and patriotism aside what is the legality of the actions of Pakistan and India during this latest episode of escalation. Pulwama attack happened for which India blamed Pakistan, which denied any role. Not to mention that Avi Dandiya, former worker of the Bharatiya Janata Party (BJP) has shared damaging evidence of Modi’s hand behind the Pulwama attack for winning the election.

Pakistan made offers of cooperation in investigating the incident, while India made threats of attacking Pakistan with statements such as “We will give a befitting reply” and “We should get 82 of them since 41 of our men have been killed”, and so forth. Those constitute textbook threats. Threatening a sovereign state is a contravention of the world’s largest treaty.

Article 2 (4) of the UN charter says, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”

Pakistan shot down two Indian warplanes on its own side of the Line of Control (LOC). One of the planes fell on the Pakistani side and its pilot who had ejected the plane also parachuted on Pakistani soil.

Moving on, Pakistan’s civilian and military leadership warned India about consequences if India attacked Pakistan. India attacked Pakistan anyway, claiming to have killed over 300 people on Pakistani soil. That is “use of force against the territorial integrity or political independence of” Pakistan. The pilot in his statement had mentioned that he was looking for targets to hit when his plane was shot.

Pakistan shot down two Indian warplanes on its own side of the Line of Control (LOC). One of the planes fell on the Pakistani side and its pilot who had ejected the plane also parachuted on Pakistani soil. Whether or not the shooting of the Indian plane by Pakistan Air Force falls under self-defense apparently is not a question of speculation. Article 51 of the UN charter says, “Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs........

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