In a 17-page communication dated October 16 and released on December 15, UN human rights experts say that India’s reported cross-border military strikes into Pakistan following the April 22 Pahalgam attack may have breached international law. The document, endorsed by five UN special rapporteurs and one independent expert, states that India provided no publicly verifiable evidence linking Pakistan to the attack and did not notify the UN Security Council under Article 51 of the UN Charter, raising concerns about unlawful use of force and violations of the right to life. The experts stress that counter-terrorism actions must comply with international humanitarian law and international human rights law, including the principles of necessity, proportionality, and distinction. They also express serious concern over India’s decision to hold the Indus Waters Treaty (IWT) in abeyance, noting that unilateral suspension of a binding international water treaty could endanger the human rights of millions in Pakistan who depend on the Indus River system for drinking water, agriculture, food security, and livelihoods. The communication emphasizes that access to safe drinking water is a fundamental human right and cautions against the weaponization of water, highlighting potential humanitarian, economic, and environmental harms, as well as violations of obligations governing transboundary rivers. The experts ask India to clarify the legal basis for its military actions, justify the IWT suspension, outline safeguards to prevent harm, pursue treaty dispute-resolution mechanisms, and explain steps toward a peaceful settlement of the Kashmir dispute in line with international law and the principle of self-determination. While not legally binding, the UN experts’ findings are considered authoritative and may influence discussions at UN forums amid heightened India-Pakistan tensions.
