ISLAMABAD: India’s recent military actions against Pakistan, particularly the bombing of civilian targets, have sparked significant concern regarding violations of International Humanitarian Law (IHL). The IHL, deeply embedded in both customary international law and supported by major global religions, is designed to protect civilians, including women and children, during armed conflicts. This body of law is enshrined in key treaties such as the Geneva Conventions and the Rome Statute, with violations often constituting war crimes.
India’s aggression against Pakistan, initiated under the guise of the Pahalgam incident, led to a series of unlawful acts that contravened IHL. The attack on civilian infrastructure, including religious sites and critical infrastructure like dams, breaches multiple provisions of the Geneva Conventions and Additional Protocol I (AP-I). Notably, India’s actions violated Article 53 of AP-I, which prohibits attacks on places of worship, and Article 56, which safeguards works containing dangerous forces, such as water reservoirs.
Additionally, India’s unilateral suspension of the Indus Waters Treaty (IWT) and its use of water as a weapon against civilian populations constitute clear violations of the prohibition on starving civilians during wartime. These actions are further compounded by the use of drones to strike civilian areas, including sports facilities, without distinguishing between military and non-military targets, a direct violation of IHL’s principle of distinction.
While India is not a party to the International Criminal Court (ICC) and cannot face prosecution under its jurisdiction, these violations remain significant in the international legal framework. As a signatory to multiple IHL instruments, India is still bound by these laws, and the violations committed by its military leadership may invite accountability, despite the lack of a formal prosecution mechanism.
Pakistan, in response, has maintained its defense in line with IHL principles, invoking its right to self-defense under Article 51 of the UN Charter. Pakistan has also reserved the right to seek reparations for the damages caused by India’s aggression. The failure of India to adhere to IHL, much like other nations that have historically acted with impunity, reflects a dangerous trend where the violation of international norms is becoming more commonplace.
