Say Delhi’s action threatens regional stability; Call for peaceful resolution of Kashmir dispute
People look at a part of an aircraft in Wuyan near Indian Illegally Occupied Kashmir’s main city of Srinagar on May 7, 2025. Photo: AFP/ File
ISLAMABAD:
United Nations human rights experts have raised alarms over India’s military strikes on Pakistani territory following the April 22 Pahalgam attack in Indian Illegally Occupied Jammu and Kashmir without offering any evidence.
The experts warned that the steps could have significant implications for international law, regional stability and the human rights of millions of people in South Asia.
The observations were made in a report dated October 16 and made public on December 15 by five UN special rapporteurs and one independent expert, who examined India’s military response to the Pahalgam attack and the broader legal and humanitarian consequences of its actions.
The experts concluded that India’s conduct appeared inconsistent with obligations under the UN Charter, international human rights law and treaty law.
However, they cautioned that measures taken in the aftermath of the attack, including reported cross-border military strikes and the unilateral suspension of treaty obligations, may themselves raise serious concerns under international human rights and humanitarian law.
The communication was jointly issued by several UN special rapporteurs and independent experts, including those mandated to monitor issues related to counter-terrorism and human rights, extrajudicial or arbitrary executions, the right to safe drinking water and sanitation, a clean and healthy environment and the promotion of a democratic and equitable international order.
According to the 17-page document, the experts reviewed reports indicating that India carried out missile and air strikes inside Pakistani territory as part of what was described as “Operation Sindoor,” claiming that dozens of alleged militants were killed in the operation.
The UN experts concluded that India had provided no evidence regarding the involvement of Pakistan in the Pahalgam attack.
While recognising that states have the right to protect their citizens from terrorism, the experts noted that international law places clear limits on the use of force, particularly across borders.
They pointed out that India did not notify the United Nations Security Council under Article 51 of the UN Charter, which governs the right to self-defence.
In the absence of such notification and publicly verifiable evidence establishing an imminent armed attack attributable to another state, the experts warned that cross-border military action could violate the prohibition on the use of force and potentially infringe upon the right to life, as enshrined in international human rights law.
The communication emphasised that counter-terrorism operations must comply with both international humanitarian law and international human rights law, including the principles of necessity, proportionality and distinction.
A major focus of the UN experts’ concern was India’s announcement that it would hold the IWT in abeyance following the Pahalgam attack. Signed in 1960 with World Bank facilitation, the treaty governs the sharing of waters from six rivers between India and Pakistan and has long been regarded as one of the most resilient water-sharing agreements in the world.
The experts warned that any disruption to the implementation of the treaty could have serious consequences for the rights of millions of people in Pakistan who depend on the Indus River system for drinking water, agriculture, food security and livelihoods.
They noted that access to safe drinking water and sanitation is recognised as a fundamental human right and that actions affecting transboundary rivers must be assessed in light of their foreseeable humanitarian and environmental impact.
The communication stressed that international water treaties create binding legal obligations and that unilateral suspension, outside established dispute-resolution mechanisms, risks undermining international cooperation and the rule of law governing shared natural resources.
“Water must not be used as a tool of political pressure,” the experts cautioned, warning that weaponising water could result in irreversible humanitarian harm, particularly in regions already vulnerable to climate stress and water scarcity.
Beyond immediate humanitarian concerns, the UN experts highlighted broader economic and environmental risks associated with any interference in water flows governed by the Indus Waters Treaty.
They noted that agriculture in Pakistan is heavily dependent on the Indus basin, and any disruption could affect food production, rural employment and economic stability, particularly in downstream communities.
Such impacts, the experts warned, could amount to interference with the right of peoples to economic self-determination and development – principles firmly embedded in international human rights frameworks.
The communication also underlined the environmental dimension of transboundary water governance, stressing that states have a duty to prevent actions that cause significant harm beyond their borders, including ecological degradation and long-term damage to river systems.
As part of the UN’s special procedures framework, the experts formally sought clarifications from the Indian government on several key issues. These included the legal basis for India’s reported military actions, the justification for holding the Indus Waters Treaty in abeyance, and the safeguards being put in place to prevent humanitarian, environmental and economic harm.
The experts also asked whether India intended to pursue existing dispute-resolution mechanisms provided under the treaty and how it planned to ensure compliance with its international obligations while addressing security concerns.
While such communications are not legally binding, they are considered authoritative assessments by independent UN mandate holders and often influence debates at the UN Human Rights Council, the General Assembly and other international forums.
The Indus Waters Treaty has survived multiple wars and prolonged periods of hostility between India and Pakistan, often cited as a rare example of functional cooperation between the two nuclear-armed neighbours. Any move to place the treaty in abeyance has therefore attracted close scrutiny from diplomats, legal experts and international institutions.
The UN communication comes at a time of heightened tensions in the region, with relations between India and Pakistan already strained by security concerns, diplomatic disengagement and regional geopolitical shifts.
Analysts note that framing water-sharing disputes through a human rights lens represents a significant development, signalling growing international recognition that access to water, food and a healthy environment are inseparable from peace and security.
The UN experts’ intervention underscores a broader concern within the international community: that counter-terrorism measures, if pursued without adequate legal safeguards, risk creating new human rights crises and deepening regional instability.
By linking military action, water security and human rights, the communication highlights how decisions taken in response to security threats can have far-reaching consequences beyond national borders.
The UN experts further expressed concern that disputes over cross-border terrorism and water-sharing may persist as long as the “underlying dispute” about the status of IIOJK was not “peacefully settled in accordance with international law.
In this regard, the UN experts posed six questions to the Indian government.
They called on the Indian government to provide comments on the aforementioned allegations and to indicate whether it would provide “reparation and apology for violations of the right to life resulting from the unlawful use of force in Pakistan”.
They also asked for an explanation for whether India would fulfil its obligations under the IWT “in good faith” and refrain from taking measures that interfere with Pakistan’s legal rights under the treaty and consequently the human rights of those in Pakistan dependent on the flow of water.
They also sought clarification on the measures India was taking or planned to take to prevent “harming human rights” as a result of disrupting the IWT.
They further asked whether India would peacefully settle any disputes with Pakistan over the IWT and only seek to modify it in accordance with its provisions on modification.
The UN experts also sought an explanation on the steps which will be taken to pursue a peaceful settlement of the Kashmir dispute, in accordance with international law and the right of self-determination.
“While awaiting a reply, we urge that all necessary interim measures be taken to halt the alleged violations and prevent their re-occurrence and in the event that the investigations support or suggest the allegations to be correct, to ensure the accountability of any person(s) responsible for the alleged violations,” they said.
President
President Asif Ali Zardari on Friday welcomed the report issued by United Nations human rights experts, which raised serious concerns over India’s military actions against Pakistan in May this year and its wider conduct affecting global peace and stability.
The president, in a statement, said the report reinforced Pakistan’s long-standing position that the unilateral use of force across international borders constituted a violation of the United Nations Charter and a grave breach of Pakistan’s sovereignty.
He said that the findings relating to civilian deaths, damage to populated areas and religious sites of Pakistan in May, and the heightened risk of escalation caused by India were deeply disturbing.
The president appreciated the report’s observations on India’s unilateral declaration of “holding in abeyance” its obligations under the Indus Waters Treaty, its aggressive posture and statements and the serious civilian losses resulting from Indian aggression.
He said the Treaty remained a binding international agreement and a cornerstone of regional stability, and stressed that bypassing agreed dispute-resolution mechanisms and actions affecting water flows violated Pakistan’s rights and risked creating serious human rights consequences.
President Zardari said the report also reflects growing international concerns over India’s conduct as a rogue state that increasingly acts as a global bully, relying on coercion, intimidation and the normalisation of force and violence rather than law and dialogue.
He noted that serious reports of transnational violence and targeted killings attributed to India, raised in multiple countries, pointed to a dangerous pattern that extended beyond the region and undermined global norms.
The president expressed concern that the report clearly manifested the irresponsible state behaviour of India.
“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, and underscored that such behaviour cannot be allowed to persist.
The president noted the report’s clear conclusion that international law did not recognise any separate right to unilateral military action under the pretext of counter-terrorism.
He said the affirmation of Pakistan’s inherent right to self-defence under international law highlighted the seriousness of the violations identified.
President Zardari welcomed the UN experts’ scrutiny of India’s regional conduct, including concerns relating to support for terror outfits and the use of an illegitimate Afghan government to advance hostile objectives and called for transparency and accountability in this regard.
He also welcomed the call by UN Special Rapporteurs for credible evidence, compensation for civilian losses, adherence to treaty obligations and a commitment to peaceful dialogue, including on Jammu and Kashmir.
Reaffirming Pakistan’s commitment to peace, restraint and respect for international law, the president said Pakistan would continue to pursue diplomatic and legal avenues to safeguard its sovereignty, protect the rights of its people and promote stability in the region.
