POLITICS & POLICY MAKING
United Nations (UN) experts have expressed serious concerns over India’s military response to the April 22 Pahalgam attack in occupied Kashmir, stating that New Delhi’s actions may have violated the rights to life, security, and livelihood of Pakistanis, according to a report made public on December 15.
The October 16 report, compiled by five UN special rapporteurs, highlighted India’s airstrikes in Pakistan on May 7 and its unilateral decision to place the Indus Waters Treaty (IWT) in “abeyance.” The experts observed that these measures risked infringing on Pakistanis’ rights to work, food, water, a healthy environment, and development.
The Pahalgam attack, in which 26 tourists were killed, was blamed by India on Pakistan without credible evidence, while Islamabad denied any involvement. The UN experts noted that India had not notified the UN Security Council of its strikes as required under Article 51 of the UN Charter, raising concerns about the legality of its use of force under international law.
The report emphasized that Article 2(4) of the UN Charter prohibits armed force against the territorial integrity or political independence of another state, and India had failed to provide credible evidence linking Pakistan to the attack. Consequently, the experts concluded that India’s actions may constitute an armed attack on Pakistan, entitling Islamabad to exercise its right of self-defense.
Regarding the IWT, the UN experts warned that suspending the treaty could have catastrophic effects on Pakistan’s water supply, agriculture, and economy. They noted that the rivers governed by the treaty irrigate 18 million hectares of farmland and contribute 24 percent of Pakistan’s GDP, making unimpeded water flow crucial for food security and livelihoods. Any disruption could violate fundamental human rights, including the rights to water, food, and a clean environment.
The experts highlighted that countermeasures, such as holding the treaty in abeyance, must be proportionate and not infringe on fundamental rights, and they expressed concern that India had not provided credible evidence justifying its actions. They called on India to respond to questions regarding reparations, adherence to treaty obligations, and measures to prevent harm to Pakistanis.
President Asif Ali Zardari welcomed the report, saying it reaffirmed Pakistan’s long-standing stance that India’s unilateral military actions violated the UN Charter and Pakistan’s sovereignty. He noted that the report raised concerns about civilian casualties, destruction of populated areas, and India’s aggressive posture, describing it as a pattern of “rogue state behaviour.”
Zardari emphasized that the IWT is a binding international agreement and a cornerstone of regional stability, and that bypassing its mechanisms threatens human rights and peace in the region. He welcomed the UN’s call for transparency, accountability, and a peaceful resolution of the Kashmir dispute, reiterating Pakistan’s commitment to diplomacy, restraint, and international law.
Deputy Prime Minister and Foreign Minister Ishaq Dar also referenced the report’s findings regarding the IWT in a briefing to the diplomatic corps in Islamabad, highlighting the importance of adherence to international obligations and protection of Pakistan’s rights.