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UN experts raise alarm over India’s use of force against Pakistan, warn of IWT rights violations

by Sub News
December 19, 2025
UN experts raise alarm over India’s use of force against Pakistan, warn of IWT rights violations
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Islamabad, September 19, 2025: United Nations human rights experts have expressed serious concern that India’s military actions against Pakistan following the April 22 Pahalgam attack in occupied Kashmir amounted to an “unlawful use of force” and may have violated fundamental human rights, including the right to life and security of person.

The concerns were outlined in a report dated October 16 and made public on December 15 by five UN special rapporteurs and an independent expert. The report reviewed India’s military strikes inside Pakistan in early May and New Delhi’s unilateral decision to hold the Indus Waters Treaty (IWT) in “abeyance” after the Pahalgam incident.

The experts noted that India failed to notify the UN Security Council that its actions were taken in self-defence under Article 51 of the UN Charter, a procedural requirement under international law. They emphasised that Article 2(4) of the Charter prohibits the threat or use of force against the territorial integrity or political independence of another state, regardless of whether such force targets state or non-state actors.

“We are concerned that India has not disclosed credible evidence that the militants who carried out the Pahalgam attack were sent by the Government of Pakistan,” the experts said, adding that there is no separate right under international law to unilaterally use military force in another country to counter terrorism. They warned that India’s actions may themselves constitute an armed attack on Pakistan, potentially entitling Islamabad to exercise its right to self-defence and risking dangerous escalation between the two nuclear-armed neighbours.

According to the report, the “unlawful use of force” would also amount to a violation of the right to life under the International Covenant on Civil and Political Rights (ICCPR), as well as a breach of Pakistan’s sovereignty and the principle of non-intervention.

The experts also raised grave concerns over India’s decision to place the Indus Waters Treaty in abeyance, describing it as lacking valid legal justification under international law. They highlighted the treaty’s critical importance for Pakistan, where the Indus river system irrigates around 18 million hectares of farmland—nearly 80 per cent of the country’s arable land—and supports livelihoods, food security and economic activity for a population of about 240 million.

Any disruption in water flows, the experts warned, could seriously undermine a range of human rights in Pakistan, including the rights to work, livelihood, food, water, an adequate standard of living, a clean and sustainable environment and development. They noted that Pakistan is already a water-stressed country and among the ten most vulnerable to climate change impacts.

Citing international human rights law and recent rulings of the International Court of Justice, the experts stressed that states have an obligation to prevent significant transboundary harm and must not use water as an instrument of political or economic pressure. They also cautioned that even countermeasures under international law must not infringe on fundamental human rights, adding that the procedural requirements for such countermeasures—such as notice and an offer to negotiate—did not appear to have been met by India.

The report further observed that disputes over cross-border terrorism and water-sharing are unlikely to be resolved without a peaceful settlement of the longstanding Kashmir dispute in accordance with international law and the right to self-determination.

The UN experts posed a series of questions to the Indian government, seeking explanations on its use of force, compliance with the IWT, measures to prevent human rights harm, and steps toward a peaceful resolution of disputes with Pakistan, including Kashmir. They urged interim measures to halt alleged violations and prevent their recurrence.

Meanwhile, President Asif Ali Zardari welcomed the UN report, saying it reinforced Pakistan’s long-held position that India’s unilateral use of force violated the UN Charter and Pakistan’s sovereignty. In a statement issued by the President’s media wing, he described the findings on civilian casualties, damage to populated areas and risks of escalation as “deeply disturbing”.

President Zardari also underscored the binding nature of the Indus Waters Treaty, calling it a cornerstone of regional stability, and warned that any disruption to agreed water flows could have severe human rights consequences. Reaffirming Pakistan’s commitment to peace and international law, he said Islamabad would continue to pursue diplomatic and legal avenues to protect its sovereignty and the rights of its people.

Deputy Prime Minister and Foreign Minister Ishaq Dar also referred to the report’s findings on the Indus Waters Treaty while addressing the diplomatic corps in Islamabad on Friday.

Tags: “unlawful use of force”ICCPRICJIndiaIndus Water TreatyInternational Court of JusticInternational Covenant on Civil and Political RightsIslamabadIWTIWT rights violationsPahalgam attackPahalgam incidentPakistanPresident Asif Ali ZardariPresident of PakistanUNUN CharterUN expertsUN Security CouncilUnited NationsUNSC
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