UN experts highlight legal violations in India’s May strikes and water treaty actions
United Nations Special Rapporteurs and independent experts have concluded that India’s use of military force inside Pakistan after the April 22 Pahalgam attack violated international law and undermined the right to life and security. They said the action lacked any lawful self defence basis and increased the risk of wider regional confrontation.
The report is dated October 16 and was released publicly on December 15. It recalls that the April 22 assault in Pahalgam killed 26 civilians and triggered a sharp escalation. The experts said accountability was needed for the attack, but India has not provided evidence linking it to Pakistani state involvement, even though that allegation was used to justify military retaliation.
The UN experts said international law recognises no separate right to use unilateral military force for counter terrorism purposes. They also noted that India did not formally notify the UN Security Council of any claimed self defence action under Article 51 of the UN Charter, which is a procedural obligation.
According to the report, the May 7 strikes caused civilian harm by hitting populated areas and damaging religious sites including mosques. The experts said this raised grave concerns regarding the protection of life, civilian infrastructure and religious property.
The experts cautioned that India’s conduct amounted to a serious violation of Pakistan’s sovereignty. They said that if the strikes were considered an armed attack, Pakistan would retain a right to self defence. They warned that unilateral military action without legal justification increased the risk of escalation between two nuclear armed neighbours.
The report also raised concern over India’s announcement to place the Indus Waters Treaty in abeyance. It said that obstruction or uncertainty in river flows can affect the rights of millions of Pakistanis including access to water, food, livelihoods, health and environmental security.
The experts called India’s phrasing of the treaty being “held in abeyance” ambiguous and said New Delhi had not clearly invoked provisions for suspension under treaty law. The report described any unilateral suspension as unlawful because it bypasses established procedures.
The report said disputes should be handled through the settlement mechanisms in the treaty. It described India’s references to “material breach” and alleged cross-border terrorism as legally weak grounds for suspension, saying Pakistan had not been shown to have violated any treaty clause.
The experts said a fundamental change of circumstances requires a strict legal threshold and that population or energy demands alone do not meet it. They added that India had not presented evidence to justify countermeasures and argued that restricting water flows or suspending the treaty would be a disproportionate step affecting Pakistani civilians.
According to the report, countermeasures do not remove human-rights obligations and would require notice, negotiation, and completion of legal steps. The experts said such measures are temporary and reversible and do not justify permanent suspension or termination.
The experts attributed responsibility for deterioration in treaty engagement to India, noting that annual meetings of the Indus Commission have not taken place since 2022 and citing obstacles in data exchange and disagreements over settlement clauses as contrary to the treaty’s intent.
In a statement released by the President's Secretariat, President Asif Ali Zardari welcomed the report, saying it "reinforces Pakistan's long-standing position that the unilateral use of force across international borders constitutes a violation of the United Nations Charter and a grave breach of Pakistan's sovereignty."
Addressing the report's assessment of violations of the Indus Waters Treaty, the president said bypassing agreed dispute-resolution mechanisms and actions affecting water flows violated Pakistan's rights and risked creating serious human rights consequences.
Zardari expressed concern that the report clearly demonstrated India's irresponsible state behaviour. "India has long stonewalled its minorities and ignored its commitments to international forums such as the United Nations, but this pattern of rogue behaviour cannot continue indefinitely," he said, emphasising that such conduct could not be allowed to persist.
May conflict timeline
In Pahalgam, Indian-administered Jammu and Kashmir, five militants killed 26 civilian tourists on April 22, 2025. India held Pakistan responsible for the attack, prompting a sharp escalation of diplomatic and military tensions. The following day, India suspended the Indus Waters Treaty, closed the Attari–Wagah border, expelled Pakistani military diplomats, reduced Pakistan’s diplomatic staff, and cancelled SAARC visas for Pakistani nationals. Border skirmishes were reported repeatedly between April 23 and 30.
In response, Pakistan took countermeasures by cancelling Indian visas, evacuating Indian nationals, closing its airspace to Indian aircraft, and halting trade. Pakistani officials also warned India against diverting Indus River water, describing such actions as potentially constituting an act of war. Tensions continued to mount as India initiated ceasefire violations along the Line of Control, and its airspace restrictions affected Pakistani flights at the end of April.
Escalation persisted into early May, with both countries preparing militarily. On May 4, India stopped the downflow from Baglihar Dam on the Chenab River, while Pakistan shot down 29 Indian drones near the LoC and within Punjab on May 6.
Military operations (May 7-11)
India launched “Operation Sindoor” on May 7, conducting missile strikes on multiple sites across Punjab and Kashmir, including Bahawalpur, Muridke, Gulpur, Bhimber, Chak Amru, Bagh, Kotli, Sialkot, and Muzaffarabad. Three days later, on May 10, the Indian Air Force targeted eight major Pakistani air bases, including Nur Khan Base in Rawalpindi. Pakistan retaliated early the same day with Operation “Bunyan-un-Marsoos,” striking 26 military sites in India and Indian-administered Kashmir using missiles and drones. A second wave of attacks included swarm drones, loitering munitions, and Fatah missiles, targeting 26 locations along India’s western border.
The conflict subsided after mediation by former US President Donald Trump, who announced a ceasefire on May 10 via X. Pakistan claimed victory following the ceasefire on May 11.
Experts highlight civilian harm in India’s missile strikes and call for adherence to international norms
tribune.com.pk
