The Escalating Conflict in South Asia: A Legal and Humanitarian Perspective
On April 22, 2025, a terror attack in Pahalgam resulted in the tragic loss of 26 civilian lives, pushing South Asia to the brink of a wider conflict. In the aftermath, a rapid and multi-layered escalation unfolded. India took decisive actions on the diplomatic and economic fronts, including suspending the Indus Waters Treaty, closing the Wagah–Attari border, expelling diplomatic personnel, and imposing new visa restrictions. However, these measures only served to intensify the crisis.
By May 7, India initiated “Operation Sindoor”, launching missile and air strikes within Pakistan. This marked a significant military operation by India against Pakistan during a period officially categorized as peacetime. The nuclear capabilities of both nations added a concerning dimension to the escalation, raising alarms about regional stability and the erosion of longstanding conflict restraints in South Asia.
Subsequent examinations by United Nations special rapporteurs and independent experts unequivocally condemned the missile strikes as violations of international law, specifically breaching the prohibition on using force against another state’s territorial integrity and political independence. The experts also highlighted that the unilateral suspension of the Indus Waters Treaty lacked legal justification and contradicted treaty obligations and broader human rights principles.
The legal critique at the core of the UN assessment revolves around the UN Charter. Article 2(4) establishes a nearly absolute ban on the use of force between states, with Article 51 outlining strict conditions for self-defense in response to an armed attack. The experts contended that India’s actions did not meet the criteria for lawful self-defense, as outlined in international law.
India’s argument that the strikes were justified as counter-terrorism measures was also dismissed by the experts. They emphasized that international law does not permit unilateral military interventions in another country under the guise of combating terrorism, especially without clear attribution and imminent threat.
Beyond legal and sovereignty concerns, the UN report underscored the humanitarian toll of the conflict escalation. Continued military confrontations not only endanger those near the Line of Control (LoC) but also jeopardize the well-being of millions across South Asia, a region already grappling with economic challenges, environmental stresses, and social disparities.
The report particularly criticized the use of water as a coercive tactic. The Indus Waters Treaty, established in 1960, has been hailed as a resilient water-sharing agreement that survived past conflicts and political hostilities. The experts stressed that the treaty does not allow for unilateral suspension or modification, as stated in Article XII. Disrupting water flows could have severe repercussions on fundamental human rights, including access to water, food, health, and development, all protected under international human rights law.
The right to an adequate standard of living encompasses access to water and food, while international human rights agreements recognize the right of peoples to manage their natural resources freely.
The report cautioned against normalizing unilateral force and resource coercion, emphasizing the risk of setting a dangerous precedent in a region prone to escalating crises. It highlighted the importance of upholding legal and moral standards in state actions to prevent unforeseen consequences.
Both India and Pakistan are urged to engage in dialogue and address their disputes in compliance with international law. Failure to do so could perpetuate a cycle of blame, retaliation, and brinkmanship in South Asia.
As nuclear-armed neighbors with a history of close calls, the stakes are incredibly high. The findings of the UN experts serve as a crucial reminder that sustainable peace in South Asia necessitates restraint, accountability, and a commitment to lawful dispute resolution. Anything less risks plunging the region into a catastrophe with no easy path to recovery.
