0
• Say New Delhi failed to present credible evidence of Islamabad’s involvement
• Concerned over its ‘unlawful use of force’ on Pakistani territory violating ‘rights to life’
ISLAMABAD: United Nations experts have expressed concern that India’s “unlawful use of force” on Pakistan’s territory in response to the April 22 Pahalgam attack in occupied Kashmir appears to have “violated the rights to life and security of person”, it emerged on Friday.
This observation by UN special rapporteurs was made in a correspondence dated Oct 16, which was made public on Dec 15.
It outlined the Indian military’s response to the Pahalgam attack, as well as New Delhi’s decision to hold the Indus Waters Treaty (IWT) in “abeyance” following the incident.
The five UN experts, who compiled the correspondence, also observed that New Delhi’s actions that “may be taken to disrupt the flow of water to Pakistan” under the IWT.
The experts included UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, Ben Saul; UN Special Rapporteur on the Human Right to a Clean, Healthy and Sustainable Environment, Astrid Puentes Riaño; UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Morris Tidball-Binz; UN Special Rapporteur on the Human Rights to Safe Drinking Water and Sanitation, Pedro Arrojo-Agudo, and independent expert on the promotion of a democratic and equitable international order, George Katrougalos.
‘No credible evidence’
The experts noted that India had not disclosed credible evidence that the militants who committed the Pahalgam attack were sent by the Pakistan government.
They highlighted that while India claimed it had exercised its “right to respond and preempt, as well as deter … cross-border attacks” by launching strikes in Pakistan, it did not notify the UN Security Council that its operation was carried out in the exercise of the right to self-defence under Article 51 of the United Nations Charter, as required.
They emphasised that Article 2(4) of the UN Charter and customary international law prohibited India from threatening or using of armed force against the territorial integrity or political independence of Pakistan, “whether such force is targeting state or non-state actors”.
The experts stated that under Article 51 and customary international law, India could only exercise self-defence in a foreign territory where it was necessary in response to an armed attack. They observed India had failed to report “the armed attack” to the UN Security Council as required by Article 51. The experts added that India might have violated the article itself by committing an armed attack on Pakistan.
‘Unilateral decision’
The UN experts also raised serious concerns over India’s unilateral decision to hold the Indus Waters Treaty (IWT) in abeyance, warning that any disruption of river flows could severely affect Pakistan’s human rights.
“Even if Pakistan were responsible [for the Pahalgam attack], we are concerned that the suspension of the treaty would not be proportionate to the injury suffered, given the severe adverse impacts on the human rights of Pakistanis,” the correspondence added.
The experts urged India to fulfil its treaty obligations, prevent human rights violations, and pursue peaceful dispute resolution, including on the Kashmir dispute.
President Asif Ali Zardari welcomed the UN correspondence, according to a press release by his media wing. The president said it “raises serious concerns over India’s military actions against Pakistan in May this year and its wider conduct affecting global and peace and stability”.
Published in Dawn, December 20th, 2025
