LEGALITY OF INDIA’S SURGICAL STRIKES

The United Nations Security Council (UNSC), acting under Chapter VII of the UN Charter 1945, had passed a UNSC Resolution 1373 in the year 2001. It emphasizes on all aspects of international terrorism. It allows Member States to take additional measures to prevent and suppress acts of terrorism and prohibits States and individuals from providing funds to carry out acts of terrorism, or providing safe haven to terrorists, or allowing movement of terrorists across borders, etc. Article 51, under Chapter VII, of the UN Charter, allows the Member States to take measures in self-defence to maintain international peace and security if an armed attack takes place against it.

In line with the provisions of UN Charter 1945, the Government of India and the Government of Pakistan had entered into an agreement in Shimla in the year 1972 to put an end to the conflicts between the two countries and establish peace and harmony. In order to achieve this objective, it was agreed between the two that “neither side shall unilaterally alter the situation and both shall prevent the organization, assistance or encouragement of any acts detrimental to the maintenance of peaceful and harmonious relations” and “that in accordance with the Charter of the United Nations they will refrain from the threat or use of force against the territorial integrity or political independence of each other”.

But it has been seen in the month of September 2016, that terrorists, along the Line of Control (LoC) in Pakistan occupied Kashmir (PoK), have attacked the Indian Army bases at Poonch and Uri in Jammu and Kashmir.

In a Press Conference conducted on 29^th September 2016, the Director General of Military Operations, India stated that they have found items including global positioning systems (GPS) having Pakistani markings. Also that the terrorists hailing from Pakistan or PoK, who have been captured by Indian Army, have confessed to their training in Pakistan or territories under its control. India has made multiple efforts to cooperate with Pakistan in assisting their investigations with respect to such terrorists and those killed in the Poonch and Uri attacks, but the infiltration attempts of the terrorists kept rising.

The Indian Army on 28^th September 2016 received evidence and information regarding terrorist units positioned across LoC in PoK which was planning to infiltrate into the Indian Territory. On September 29, 2016, the Indian Army had conducted surgical strikes on the terrorist camps across the LoC in PoK, destroying seven terror launch pads used for launching nuclear missiles. It has been clarified by the Indian Army that the motive behind this surgical measure was to maintain peace and tranquility in the Indian Territory and to prevent and suppress terrorist attacks on Indian Territory and not to initiate any cross border firing and ceasefire violation.

Daliparthy Harini

Legal Associate