International law, it was considered, was the panacea to the egregious violations of human rights across the world. In that context, it evolved most definitely in the aftermath of World War II, particularly based on the precedents set by the Nuremberg and Tokyo trials. In that context, the liberal school of thought in international politics argued that international law would restrain aggressive nations in the future from indulging in a wanton violation of basic humanitarian norms.
However, in the 21st century, it seems that international law has become a plaything of aggressive nations. In this context, Pakistan, a nuclear-armed country in South Asia, is leading the pack of law-breaking nations.
In another round of hostilities with Afghanistan, Pakistan has indulged in certain actions that not only demonstrate the fact that it has zero regard for international law but also show that Islamabad is hell-bent on exporting the fruits of its homegrown terror plant elsewhere.
The killing of more than 400 people in an airstrike by the Pakistani air force on a hospital on March 16 is not an isolated incident. Instead, it is a part of Pakistan’s strategy of blatantly targeting civilian areas in the name of protecting its borders
The Incident
On March 16, the Pakistani air force carried out an airstrike at a drug rehabilitation-centre-cum-
It is, however, not an isolated incident; it is a part of a calculated strategy of Islamabad where it blatantly targets civilian areas in the name of protecting its borders, thereby becoming the cause of deaths for scores of civilians.
Mockery of International Law
Pakistan’s military action in Afghanistan violates several facets of international law. For instance, the military operations violate Article 2(4) of the United Nations Charter, which calls on member states to refrain from the “threat or use of force against the territorial integrity or political independence of any state” without prior authorization from the United Nations Security Council (UNSC). However, without a clear declaration of war or explicit announcement of its intentions, Pakistan committed a grievous error.
In carrying out the airstrike, Pakistan not only violated international law but also dragged innocent civilians into the line of fire. The attack on the hospital premises reflects that the Pakistani military is a slaughterer of innocent people
Next, Pakistan violated Article 51 of the UN Charter—the right of self-defense. Pakistan argued that the Pakistani Taliban or the TTP (Tehreek-e-Taliban) is using Afghan soil to target the institutions and apparatuses of the Pakistani state and has alleged that the Afghan Taliban is not only providing the TTP shelter, training and logistics but is also actively instigating the Pakistani Taliban to undermine the Pakistani state. Nothing could have been further from the truth. The Pakistani Taliban is the outcome of Islamabad’s twisted ‘good terrorist, bad terrorist’ policy; consequently, Pakistan is paying dearly for its policy of exporting Islamic terrorism. In fact, the TTP has emerged as a Frankenstein monster determined to kill its master. In that vein, any attempts at invoking Article 51 by Pakistan constitute an absolute farce.
A key aspect of international law is the law of proportionality. It demands that if force is to be exercised, it must be restrained, calculated and calibrated. Unfortunately, in carrying out the airstrike, Pakistan has not only failed to adhere to this law of proportionality, but it has also dragged innocent civilians into the line of fire. The deaths of scores of people, whose only fault was being present at the hospital premises, are reflective of the fact that the Pakistani military is a slaughterer of innocent people.
Pakistan has been using flimsy excuses to target Afghanistan, and now, it has violated the very soul of ‘just conduct’ in war. It is high time the international community takes note of this and punishes Pakistan for its transgressions
It doesn’t differentiate between combatants and civilians. In attacking a hospital, Pakistan has, in fact, committed a violation of not just Rule 89 of International Humanitarian Law (IHL), but also Protocol I, Article 12 of the Geneva Conventions. While the former expressly forbids the use of violence by state and non-state actors against non-combatants, the latter prohibits the use of force against the sick and wounded.
If this wasn’t enough, Pakistan also seems to have abandoned the path of peace as a means of resolving outstanding disputes. In jettisoning the cause of peace, Pakistan has violated Article 33 of the UN Charter, which says that it is the duty of states to settle international disputes in a peaceful manner using all necessary diplomatic tools.
In carrying out this airstrike, Pakistan has not only broken international law as it exists but has also broken the very spirit of it. The international law of war is based on the twin principles of Jus Ad bellum and Jus in Bello. In both cases, Pakistan has been found wanting. In the context of the former, it used a flimsy excuse of Afghanistan targeting it to go to war, and now, through this egregious act, it has violated the very soul of just conduct in war.
It is high time the international community takes note of this and punishes Pakistan for its transgressions.
–The writer is currently working as a Research Associate at Defence Research and Studies (dras.in) and is a columnist. The views expressed are personal and do not necessarily reflect the views of Raksha Anirveda
