Using Lawfare Against Terrorism
The concept of lawfare involves leveraging international law to confront adversaries and achieve strategic objectives. India has not fully utilized this approach against Pakistan, which continues to support terrorism targeting India. Lawfare can serve as a potent non-kinetic strategy, complementing kinetic operations like Operation Sindoor.
International Legal Framework
- India and Pakistan are signatories to multiple international and regional terrorism conventions.
- Key treaties include:
- SAARC Regional Convention on Suppression of Terrorism
- International Convention for the Suppression of the Financing of Terrorism (ICSFT)
- International Convention for the Suppression of Terrorist Bombings
- These conventions mandate states to criminalize terrorism and refrain from funding such activities.
- For example, Article 2(1) of the ICSFT classifies terror financing as a crime.
Building a Legal Case
- India should gather and publicize evidence of Pakistan's involvement in terrorism, such as the 2008 Mumbai attacks and the 2022 Pahalgam attack.
- Utilize international forums to strengthen the legal case against Pakistan for violating terrorism suppression laws.
- Identify specific treaty provisions and UN Security Council Resolutions that Pakistan is violating.
International Court of Justice (ICJ) Jurisdiction
- Many terrorism conventions allow disputes to be referred to the ICJ.
- However, Pakistan has a reservation against the ICJ's jurisdiction under the ICSFT, complicating legal efforts.
- India also has a reservation under the Terrorist Bombing Convention, unlike Pakistan.
Strategic Considerations
- India could withdraw its reservation to initiate proceedings against Pakistan at the ICJ.
- The ICJ might interpret treaty provisions narrowly, requiring India to present irrefutable evidence.
- Indian strategy should focus on shaping a global narrative against Pakistan-sponsored terrorism.
Conclusion
To effectively combat terrorism, India needs to integrate international law into its statecraft and build capacity for legal action on the global stage.