UN Experts Question India’s Cross-Border Strikes and IWT Suspension

UN human rights experts have stated that India’s reported cross-border military strikes into Pakistan following the April 22 Pahalgam attack may have breached international law. In a 17-page communication dated October 16 and released December 15, five UN special rapporteurs and one independent expert said 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 over unlawful use of force and violations of the right to life.

The experts warned that counter-terrorism actions must comply with international humanitarian and human rights law, including necessity, proportionality, and distinction. They also expressed 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 emphasized that access to safe drinking water is a fundamental human right and cautioned against weaponizing water, highlighting potential humanitarian, economic, and environmental harm, as well as violations of obligations governing transboundary rivers.

The experts asked 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 peaceful settlement of the Kashmir dispute in line with international law and 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.