UN Experts Warn of Potential International Law Violations in Cross-Border Strikes and Indus Waters Dispute

According to UN human rights experts, India’s reported cross-border strikes into Pakistan after the April 22 Pahalgam attack may violate international law. A UN communication, dated October 16 and made public on December 15, states that India provided no publicly verifiable evidence linking Pakistan to the attack. India did not notify the UN Security Council under Article 51 (self-defence), raising concerns about unlawful use of force and potential right-to-life violations. The experts stressed that counter-terrorism actions must meet the tests of necessity, proportionality, and distinction under international law. They also expressed serious concern about India holding the Indus Waters Treaty in abeyance; the 1960 treaty is binding and unilateral suspension may breach obligations. Disruption of Indus waters could affect millions in Pakistan who depend on the river for drinking water, agriculture, food security, and livelihoods. Access to safe drinking water is a recognized human right; water should not be used as political pressure. The experts asked India to clarify the legal basis for military action, treaty suspension, and safeguards against humanitarian, environmental, and economic harm, and urged a peaceful settlement of the Kashmir dispute in line with international law and the right to self-determination.