India’s growing military provocations, whether in Kashmir, across the Line of Control (LoC), or through covert acts of sabotage, constitute a serious threat to regional peace at a time when South Asia is on the verge of fresh conflict. Pakistan needs to reiterate its inalienable right to self-defense under international law, both legally and diplomatically, as stories of aggression gain prominence.
This is not about rattling sabers. It concerns survival, sovereignty, and the rule of law. India’s escalation must be handled clearly, even though Pakistan still prefers diplomacy and restraint: international law acknowledges Pakistan’s right to respond proportionately to unlawful use of force.
India’s aggressive stance has been worse in recent years, ranging from drone monitoring and airspace violations to cyber attacks and cross-border shelling. Along with hostile rhetoric from Indian military and political authorities, the 2024 drone strikes and clashes along the Line of Control point to a move away from peace-building and toward confrontation.
These behaviors are not unique. They are part of a larger pattern that consists of,Under false pretenses, the 2019 Balakot airstrike violated Pakistan’s sovereignty, the closure of Indian-occupied Kashmir and the repeal of Article 370.India’s backing of hybrid warfare, which includes aiding non-state actors and running disinformation campaigns.In addition to breaking international law, such acts pose a direct risk to Pakistan’s national security and the stability of the area.
The founding document of contemporary international law, the United Nations Charter, is clear on this point. Article 51 stipulates:
“If an armed attack is launched against a United Nations member, nothing in the current Charter shall impair the inherent right of individual or collective self-defense.”
This right is generally applicable and is a form of customary international law. Pakistan has the right to defend itself in the event of an armed attack, including missiles, incursions, or proxy operations linked to India, until the UN Security Council takes action to keep the peace.
Crucially, self-defense needs to fulfill two requirements:
Defense: must be necessary in order to stop additional attacks.
Proportionality: The reaction should not go beyond what is required to ward off the aggressiveness.
As seen by its measured response to Balakot in 2019, where it purposefully avoided casualties and returned a captured Indian pilot as a gesture of peace, Pakistan has either exhibited restraint or replied within the parameters of necessity and proportionality in every instance of Indian escalation.
India has blatantly violated international law with its aggressive activities, including:
The UN Charter’s Article 2(4) forbids using force against a state’s political independence or geographical integrity.
the Geneva Conventions, in the event that cross-border attacks impact civilian populations.
IHL, particularly when attacks take place without distinguishing between combatants and civilians.
The principle of peaceful dispute resolution under Chapter VI of the UN Charter is also violated by India’s refusal to participate in third-party mediation, even in the face of offers from nations like China, Turkey, and even the UN Secretary-General.
The international community has frequently treated India and Pakistan differently. Because of its size and geopolitical alignment, India is frequently viewed as a strategic partner, while Pakistan’s justifiable security concerns are minimized.
This selective blindness encourages aggressive behavior in addition to undermining international justice. Pakistan’s right to self-defense and territorial integrity must be maintained equally if the rules-based system is to have any real meaning.
In order to strengthen its legal position, Pakistan has to:
Document each Indian escalation and activate the UN Security Council in accordance with Article 35 of the UN Charter.
Consult the Permanent Court of Arbitration or the International Court of Justice (ICJ), particularly where bilateral treaties or international law are broken.
Encourage the Non-Aligned Movement (NAM), the Organization of Islamic Cooperation (OIC), and partners in the Global South to denounce Indian aggression.
Start a broad public diplomacy campaign to change the perception of South Asian conflicts in the international media, academia, and civil society.To be clear, Pakistan does not want to go to war. However, peace cannot be achieved at the expense of ongoing vulnerability. In the face of constant provocation, a unilateral restraint policy cannot be maintained. Pakistan has the right—and duty—to defend its citizens, boundaries, and integrity as a sovereign state.
This is more than just a legal privilege. It is a moral duty based on the collective security principle, international custom, and the UN Charter.
Dialogue, not power, is the path to peace. However, the world must acknowledge that Pakistan’s defense is a right under international law and not an act of aggression till India sincerely rejoins the table.