- UN experts emphasizes such actions by India may not only breach international law but also have severe human rights implications for Pakistan
- Report calls on India to provide credible evidence and adhere to international law, emphasizing human rights, environmental protection, and cross-border obligations
- Experts highlight disproportionate actions, civilian risk, and environmental harm
- UN urges accountability, reparations, and peaceful resolution of Kashmir dispute
ISLAMABAD: United Nations (UN) experts have raised serious concerns over India’s “unlawful use of force” on Pakistani territory following the April 22 Pahalgam attack in occupied Kashmir, warning that New Delhi’s actions appear to have violated fundamental human rights, including the right to life, personal security, and livelihoods of millions of Pakistanis.
The observations, contained in a report dated October 16 and made public on December 15, came from five UN special rapporteurs who meticulously examined India’s military response to the Pahalgam attack and its subsequent unilateral decision to place the 1960 Indus Waters Treaty (IWT) in “abeyance.” The report emphasizes that such actions by India may not only breach international law but also have severe human rights implications for Pakistan, particularly in terms of access to water, food security, environmental sustainability, and socio-economic development.
The April 22 attack in Pahalgam, located in Indian-administered Kashmir, claimed the lives of 26 civilians, leaving dozens more injured. India, in its immediate response, blamed Pakistan without providing any evidence linking Islamabad to the incident. Pakistan strongly rejected these allegations, with its Foreign Ministry questioning the credibility of New Delhi’s account, calling it “replete with fabrications.” A day after the attack, India unilaterally decided to hold the Indus Waters Treaty in “abeyance,” prompting Pakistan to term any attempt to suspend its water share under the treaty as an “act of war,” underscoring that the treaty contains no provision for unilateral suspension.
UN Experts Highlight Unlawful Use of Force
The UN report, compiled by Special Rapporteurs Ben Saul (Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism), Astrid Puentes Riano (Human Right to a Clean, Healthy and Sustainable Environment), Morris Tidball-Binz (Extrajudicial, Summary or Arbitrary Executions), Pedro Arrojo-Agudo (Human Rights to Safe Drinking Water and Sanitation), and George Katrougalos (Independent Expert on Promotion of a Democratic and Equitable International Order), examined the sequence of events and their implications in detail.
The experts noted that India, while maintaining that it exercised its “right to respond, preempt, and deter cross-border attacks,” failed to notify the UN Security Council regarding the operations as required under Article 51 of the UN Charter. They emphasized that, under Article 2(4) and customary international law, India is prohibited from threatening or using armed force against the territorial integrity or political independence of another state, whether the target is state or non-state actors.
The UN experts highlighted that Article 51 allows a state to exercise self-defence in foreign territory only if necessary and proportionate in response to an armed attack committed by a foreign state. Even if non-state actors are involved, the victim state must report the attack to the Security Council. The experts stressed that there is no recognized right to unilaterally use military force in another country as a counter-terrorism measure without Security Council notification.
“The unilateral strikes by India, without providing credible evidence linking Pakistan to the Pahalgam attack, appear to violate international law and risk escalation that could endanger civilian lives on both sides,” the report stated. The experts further underscored that the unlawful use of force constitutes a violation of the right to life under Article 6 of the International Covenant on Civil and Political Rights (ICCPR) and also infringes upon Pakistan’s sovereignty and the principle of non-intervention in foreign states.
Impact on Indus Waters Treaty and Human Rights
The report also addressed India’s suspension of its obligations under the Indus Waters Treaty. The UN experts underscored that the treaty is crucial for Pakistan’s agriculture, economy, and human development. The Indus, Chenab, and Jhelum rivers, flowing westward, irrigate nearly 18 million hectares of farmland—approximately 80 percent of Pakistan’s arable land—and contribute around 24 percent of the country’s Gross Domestic Product.
“Any disruption of river flows, including filling reservoirs, releasing sediment, or other measures, could have grave consequences for the human rights of Pakistanis, affecting livelihoods, access to water, food security, sanitation, and sustainable development,” the report warned. Pakistan is already water-stressed and ranks among the ten countries most vulnerable to climate change, which exacerbates the risks posed by unilateral interference in the IWT.
The UN experts emphasized that states have an obligation under international law to respect the enjoyment of human rights in other countries, particularly the right to water. Any actions taken within a state’s jurisdiction that disrupt access to water across borders could constitute a violation of international obligations. Citing the UN Committee on Economic, Social and Cultural Rights, the report highlighted that states must ensure that cross-border water supplies are not used as instruments of political or economic pressure.
The report further stressed that retrogressive measures affecting human rights must be carefully justified, with consideration of all alternatives, and must not undermine the enjoyment of fundamental rights. It also highlighted the International Court of Justice’s 2025 advisory opinion on climate change, affirming that states are obligated to prevent significant transboundary environmental harm—a duty that forms part of customary international law and constitutes an erga omnes obligation.
Concerns Over Proportionality and Countermeasures
The UN experts noted that even if Pakistan were responsible for the Pahalgam attack, India’s suspension of the IWT would be disproportionate to the alleged harm. The unilateral action could adversely affect millions of Pakistanis dependent on the rivers for agriculture, industry, drinking water, sanitation, and ecosystems. The report emphasized that countermeasures must not violate fundamental human rights and that procedural preconditions, such as notice and negotiation, must be fulfilled before taking any unilateral action.
The experts also highlighted that disputes over cross-border terrorism and water-sharing are likely to persist unless the status of occupied Kashmir is peacefully resolved in accordance with international law. To this end, they posed six questions to the Indian government, seeking clarification on evidence, reparation for civilian losses, compliance with the IWT, and steps to prevent harm to Pakistanis’ human rights. The UN rapporteurs also called for explanations regarding measures to pursue a peaceful settlement of the Kashmir dispute and ensure adherence to international legal obligations.
UN Experts’ Call for Action
The UN experts urged all parties to take interim measures to halt alleged violations and prevent recurrence. They emphasized that investigations must ensure accountability for any individuals responsible for unlawful acts. They also highlighted the importance of restoring Pakistan’s rights under the IWT and ensuring water access for millions of citizens whose livelihoods, health, and environment depend on uninterrupted river flows.
The report stressed the link between human rights and environmental stewardship, noting that sustainable management of water resources is essential to fulfilling broader human rights obligations. It further highlighted the need for India to provide credible evidence, engage in negotiations, and refrain from measures that could exacerbate the human rights situation in Pakistan.
The UN report represents a rare and detailed international assessment of India’s military and water-related actions affecting Pakistan. It underscores that India’s unilateral military strikes and suspension of the Indus Waters Treaty violate fundamental principles of international law, threaten civilian lives, and imperil the livelihoods of millions of Pakistanis.
By reaffirming Pakistan’s rights to self-defence, sovereignty, and equitable water access, the report bolsters Islamabad’s diplomatic and legal position on multiple fronts, from cross-border military accountability to transboundary water security. President Zardari’s endorsement of the report signals Pakistan’s intent to continue pursuing peaceful, lawful, and internationally recognized measures to protect its citizens and uphold regional stability.
Deputy Prime Minister and Foreign Minister Ishaq Dar also highlighted the report’s findings regarding the IWT in a briefing to the diplomatic corps in Islamabad, emphasizing the centrality of treaty obligations and human rights in maintaining peace and cooperation between the two countries.
