AS a horrofic national tragedy has happened, serious questions need to be raised. If the masterminds are in Afghanistan and aren’t handed over, can the Pakistani armed forces foray into Afghanistan to eliminate them under the old concept from international law: the right of hot pursuit.

The international law principle of hot pursuit is analogous to the common law principle, but was probably conceived independently.

It began to coalesce into a general custom of international relations during the early years of the 20th century. Overtime the maritime right of hot pursuit has been transformed into a comparable right to pursue criminals over land borders.

Although it does not form a settled tenet of international law, the principle has been invoked by the United States regarding ostensible Taliban militants crossing into Pakistan, and by Turkey regarding its attacks on Kurdistan Workers Party bases in northern Iraq.

Zarb-i-Azb can only be a perpetual solution if the cross-border flow of recruits and supplies are destroyed. Hot pursuit is also legally justifiable under self-defence.

Hot pursuit incursions mostly occur in the wake of wars and Pakistan certainly is at war. Pursuing the murderers of innocent schoolchildren would be a just cause.

States should not have to sit by idly while terrorists enjoy sanctuary in neighbouring states. Sovereignty, after all, confers rights as well as responsibilities. Among the latter is preventing violent groups from setting up shop.

Hasan Khurshid Hashmi

Karachi

Published in Dawn, December 19th, 2014