UN Experts India Pakistan Legal Violations: 7 Alarming Findings on May Strikes and Water Treaty
UN experts India Pakistan legal violations report reveals unlawful May strikes, civilian harm, and Indus Waters Treaty breaches, urging accountability and adherence to international law.
UN experts India Pakistan legal violations have come under sharp global scrutiny after United Nations Special Rapporteurs released a damning report concluding that India’s May 2025 military strikes inside Pakistan and its unilateral actions regarding the Indus Waters Treaty violated international law, endangered civilian lives, and escalated tensions between two nuclear-armed neighbours.
The report, dated October 16 and made public on December 15, presents a comprehensive legal assessment of India’s conduct following the April 22 Pahalgam attack, which killed 26 civilians in Indian-administered Jammu and Kashmir. While the experts acknowledged the gravity of the attack and the need for accountability, they stressed that India failed to provide credible evidence linking the incident to Pakistani state involvement, despite using that allegation to justify cross-border military action.
UN Experts on India’s Use of Force
The UN experts concluded that India’s missile strikes of May 7 lacked any lawful basis under international law, including the right to self-defence. International law, they reiterated, does not recognise a separate right to unilateral military force for counter-terrorism purposes, particularly in the absence of verified state responsibility.
By launching strikes without satisfying legal thresholds, India undermined core principles of the UN Charter, including the prohibition on the use of force and the protection of sovereign equality.
External reference: United Nations Charter – Use of Force Principles
Civilian Harm and Damage to Religious Sites
According to the report, the May 7 strikes hit populated civilian areas, resulting in casualties and damage to religious property, including mosques. The experts described this as a grave violation of international humanitarian law, which mandates strict distinction between military targets and civilian infrastructure.
Such actions, they warned, directly threaten the right to life, freedom of religion, and civilian protection under international human rights frameworks.
No Lawful Self-Defence Justification
The report makes clear that India failed to meet the criteria for self-defence under Article 51 of the UN Charter. Crucially, India did not formally notify the UN Security Council, a procedural obligation required when a state claims self-defence.
The experts noted that this omission further weakens India’s legal position and raises concerns about precedent-setting unilateralism.
Violation of Pakistan’s Sovereignty
UN experts described India’s actions as a serious violation of Pakistan’s sovereignty. They warned that if the strikes were to be legally classified as an “armed attack,” Pakistan would retain its own right to self-defence, increasing the risk of full-scale conflict.
The report emphasised that unilateral military actions between nuclear-armed neighbours significantly heighten regional instability.
Indus Waters Treaty Placed “In Abeyance”
Beyond military action, UN experts India Pakistan legal violations also extended to India’s announcement that it was placing the Indus Waters Treaty (IWT) in abeyance.
The experts described India’s language as legally ambiguous, noting that New Delhi did not formally invoke any recognised suspension mechanisms under treaty law.
External reference: World Bank – Indus Waters Treaty Overview
Human Rights Impact of Water Restrictions
The report warned that obstruction or uncertainty in river flows could severely impact millions of Pakistanis, affecting:
- Access to clean drinking water
- Food security and agriculture
- Livelihoods and rural economies
- Public health
- Environmental sustainability
The experts stressed that water access is intrinsically linked to fundamental human rights, and any disruption carries long-term humanitarian consequences.
Treaty Law: Weak Grounds for Suspension
India’s references to “material breach” and alleged cross-border terrorism were described as legally weak and unsupported. The experts found no evidence that Pakistan violated any clause of the Indus Waters Treaty.
They further explained that a “fundamental change of circumstances” requires an exceptionally high legal threshold, and population growth or energy demand alone does not qualify.
Countermeasures Cannot Override Human Rights
Even if countermeasures were hypothetically justified, the report clarified that:
- Human rights obligations remain binding
- Notice and negotiation are mandatory
- Measures must be temporary and reversible
- Permanent suspension or termination is unlawful
Any attempt to restrict water flows, the experts said, would be disproportionate and civilian-harming.
Breakdown in Treaty Engagement Since 2022
The experts attributed the deterioration in treaty mechanisms primarily to India, noting:
- No annual Indus Commission meetings since 2022
- Disruptions in data sharing
- Disagreements over dispute-settlement clauses
These actions were described as contrary to the treaty’s cooperative intent.
Pakistan’s Official Response
In a statement from the President’s Secretariat, President Asif Ali Zardari welcomed the UN report, stating that it:
“Reinforces Pakistan’s long-standing position that unilateral use of force across international borders violates the UN Charter and Pakistan’s sovereignty.”
Addressing the Indus Waters Treaty, Zardari warned that bypassing dispute-resolution mechanisms endangered millions of lives and risked irreversible humanitarian consequences.
He described India’s conduct as irresponsible state behaviour, cautioning that persistent disregard for international norms could not continue indefinitely.
May 2025 Conflict Timeline
April 22
- Pahalgam attack kills 26 civilians
April 23–30
- India suspends IWT, closes borders, cancels visas
- Pakistan responds with reciprocal measures
- Border skirmishes intensify
May 7–11
- India launches Operation Sindoor
- Missile strikes across Punjab and Kashmir
- Pakistan retaliates with Operation Bunyan-un-Marsoos
May 10
- US-mediated ceasefire announced
Regional and Global Implications
The UN experts’ findings underscore a dangerous erosion of international norms in South Asia. By linking military escalation with water security, the report highlights how conflict, climate vulnerability, and human rights are increasingly interconnected.
Failure to uphold legal frameworks like the UN Charter and the Indus Waters Treaty, the experts warned, could set a destabilising precedent not just for South Asia, but for global conflict governance.
At the end
The UN experts India Pakistan legal violations report serves as a powerful reminder that international law remains the cornerstone of global peace and security. As tensions persist, adherence to legal norms, accountability mechanisms, and cooperative treaties remains the only sustainable path forward.
