Indian support to militants, non-state actors obstructing Pakistan’s fight against terrorism

Islamabad
Pakistan is being obstructed to perform its domestic and international legal obligations to counter terrorism as a consequence of Indian intervention and support to militant non-state actors and individuals.
The analysis was widely discussed at a workshop on the legal aspects of Indian intervention in Pakistan organised by Research Society of International Law Pakistan (RSIL), country’s premier legal think-tank.
Based on research conducted by a team of lawyers at RSIL, President RSIL and former Federal Law Minister Ahmer Bilal Soofi gave a detailed briefing on the legal aspects at the workshop, which was widely attended by diplomats, academic and policy experts.
Using information and material from publicly available open sources, Soofi highlighted select material demonstrating Indian intervention inside Pakistan. He stated that providing training, sponsoring visits and giving any form of support to any person anywhere in Pakistan constitutes unlawful interference in violation of international law.
Moreover, he pointed out a distinction between unlawful interference under Article 2 (7) of the UN Charter in the shape of Indian funds, providing of logistic facilities and allowing its diplomatic assets to be used by militant non-state actors against Pakistan, and intervention in the form of threats to use force against Pakistan as expressed in various statements by senior Indian leadership which squarely violate Article 2(4) of the UN Charter. He further stated that Indian Prime Minister Modi’s recent statement on Bangladesh constitutes self-indictment of India’s unlawful intervention in the then East-Pakistan.
Soofi emphasised that there is a distinction between intelligence based material and evidence that meets the admissibility criterion of the court, and pointed out that all countries rely on material to make executive determinations of interference or intervention. Pakistan hence cannot be an exception to this, he said, especially since India in the Mumbai incident also relied on material contained in a dossier which fell well short of judicial standards of admissible evidence.
With reference to Draft Articles on State Responsibility and Convention on Terrorist Financing, Soofi explained that India’s funding, support etc. makes both Indian state and its individuals responsible for wrongful actions under international law. According to him, even a single incidence of training or money trail in support of terrorist activities is enough to attribute wrongful conduct to India. He also stated that Pakistan is being obstructed to perform its domestic and international legal obligations to counter terrorism as a consequence of Indian intervention and support to militant non-state actors and individuals who are on the sanctions list of the UN.
Soofi suggested that Pakistan has numerous options to take up this matter before the office of the UN Secretary General under Article 99 of the UN Charter. Additionally, Pakistani delegation may approach the UN Security Council as the threatening statements by Indian leadership constitute threats to international peace and security. He further suggested that Pakistan retains its options under Article 21 of the GATT treaty to undertake reprisal measures against India.
Pakistan may also raise the matter before the UN’s Human Rights Council in Geneva as Indian support to terrorism in Pakistan is impeding the realisation of economic and social rights of the people of Pakistan by delaying the country’s economic revival.