Minutes after Pakistan's foreign minister branded the strikes by Indian Air Force in Khyber-Pakhtunkhwa province as an act of 'grave aggression', conjectures questioning the strike's validity in international law have emerged. While it is indisputable that, principally, bombings well within the territory of Pakistan bear greater legal repercussions than the erstwhile surgical operations in Pakistan-occupied-Kashmir, authors argue that India has a whole arsenal of legal defences at its disposal and the conjectures are therefore inappropriate.
UN Charter and the Right of Self-Defence
The UN Charter, vide its Article 2 (4) proscribes any threat or use of force against the political independence or territorial integrity of a state, but also authorises the inherent right of self-defence of every member state qualifies as an exception. Considering that the Indian Government has described the strike as a non-military pre-emptive action, it becomes important to understand self-defence in this context.
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Minutes after Pakistan's foreign minister branded the strikes by Indian Air Force in Khyber-Pakhtunkhwa province as an act of 'grave aggression', conjectures questioning the strike's validity in international law have emerged. While it is indisputable that, principally, bombings well within the territory of Pakistan bear greater legal repercussions than the erstwhile surgical operations in Pakistan-occupied-Kashmir, authors argue that India has a whole arsenal of legal defences at its disposal and the conjectures are therefore inappropriate. UN Charter and the Right of Self-Defence The UN Charter, vide its Article 2 (4) proscribes any threat or use of force against the political independence or territorial integrity of a state, but also authorises the inherent right of self-defence of every member state qualifies as an exception. Considering that the Indian Government has described the strike as a non-military pre-emptive action, it becomes important to understand self-defence in this context.