Use international law to take on Pakistan-backed terror, Pg10

Key Highlights:

• The author argues that India must supplement kinetic operations like Operation Sindoor with a strong lawfare strategy using international legal forums.

• India should leverage international terrorism conventions, expose Pakistan’s violations, and initiate proceedings at the International Court of Justice (ICJ).

What is Lawfare?

• Lawfare = Using international law to pursue strategic goals, influence global narratives, and hold states accountable.

• Can be used as a non-kinetic tool to:

  • Legitimise India's anti-terror actions

  • Isolate Pakistan diplomatically

  • Build a global coalition against state-sponsored terrorism

Legal Instruments India Can Use:

1. Terrorism Conventions:

India and Pakistan are party to key treaties:

• SAARC Regional Convention on Suppression of Terrorism

• International Convention for the Suppression of the Financing of Terrorism (ICSFT)

• Terrorist Bombing Convention

These treaties:

• Mandate signatories to criminalise, prosecute, and cut financial aid to terrorists

• Provide clauses for international cooperation and dispute resolution

• Example: Article 2(1) of ICSFT makes financing terrorism a crime.

2. International Court of Justice (ICJ):

• Several terrorism conventions provide compulsory jurisdiction clauses, allowing disputes to be taken to the ICJ.

• India can present evidence of Pakistan’s support to terror in ICJ under:

  • Article 20(1) of the Terrorist Bombing Convention

  • Article 24(1) of the ICSFT

Strategic Challenges:

• Pakistan has not accepted ICJ jurisdiction under some treaties (like ICSFT).

• However, India can challenge these reservations, just like Ukraine did against Russia.

• India must also build global awareness, using diplomatic channels and parliamentary delegations to highlight Pakistan’s violations.

Why This Matters:

• Establishes a fact-based, rules-based narrative of Pakistan’s culpability.

• Shifts international discourse from geopolitics to legal norms, putting Pakistan under sustained pressure.

• Reinforces India’s commitment to international law, gaining credibility in multilateral forums.

Key Concepts:

• Compromissory Clause: A treaty clause enabling referral of disputes to the ICJ.

• Jurisdictional Reservation: When a country opts out of ICJ jurisdiction in part or whole.

• Lawfare: Use of legal tools as instruments of national strategy and diplomacy.

Significance:

• India must develop institutional and legal capacity to frame, argue, and defend cases internationally.

• A successful legal offensive can complement military efforts and deter state sponsors of terror.

• It also sets a precedent for using global law against non-state threats.

Mains Mock Question:

Discuss the utility of international conventions and courts such as the ICJ in India’s efforts to counter cross-border terrorism. How can lawfare be institutionalised as part of India’s strategic doctrine?