UN accuses India of unlawful military force and risking humanitarian crisis

GENEVA (MNTV) — Five United Nations human rights experts have issued a sharp challenge to India over its military operations in Pakistan and suspension of a critical water-sharing agreement, warning that millions of lives may be at risk.

In a lengthy communication dated October 16 and accessed exclusively by MNTV, the UN Special Rapporteurs expressed grave concerns about India’s actions following the devastating Pahalgam attack in April that killed 26 civilians and injured 20 others in the disputed Kashmir region.

The UN experts questioned the legality of India’s “Operation Sindoor” launched on May 7, which involved missile and air strikes on targets inside Pakistan. India claimed to have killed between 70 and 100 militants in the operation, targeting bases linked to banned organizations.

However, the experts noted that India failed to notify the UN Security Council of any self-defense claim under international law, a requirement when using force in another country’s territory. Pakistan reported that civilian areas were hit, including mosques, with both civilian and military casualties.

“There does not appear to be credible evidence that the militants who committed the Pahalgam attack were sent by the Government of Pakistan,” the experts wrote, suggesting India may have violated international prohibitions on the use of force.

Perhaps more alarming to regional stability is India’s decision to hold the 65-year-old Indus Waters Treaty “in abeyance” — a move the UN experts warn could devastate millions of Pakistanis who depend on the rivers for survival.

The treaty, successfully maintained even through previous wars between the nuclear-armed neighbors, governs the sharing of six rivers that irrigate approximately 80 percent of Pakistan’s farmland and contribute nearly a quarter of the country’s GDP.

“Any disruption of the flow of water could severely affect the human rights of millions of people in Pakistan who rely on the river for agriculture, industry, drinking water and sanitation,” the experts cautioned.

India has justified suspending the treaty by citing alleged Pakistani support for terrorism and claiming fundamental changes in circumstances since the agreement was signed in 1960, including population growth and energy needs.

In June, the Permanent Court of Arbitration ruled that India cannot unilaterally suspend the treaty, finding that it “does not allow either Party, acting unilaterally, to hold in abeyance or suspend” the agreement. The court emphasized that the treaty continues in force until terminated by mutual consent.

India’s Home Minister has declared the country will “never” restore the treaty and plans to divert waters to India’s Rajasthan state via a new canal. Pakistan has warned that any attempt to stop water flow would be considered an “Act of War.”

Multiple violations alleged

The UN experts detailed a sweeping list of alleged violations by India:

Unlawful Armed Attack: The experts stated that India “may itself have committed an armed attack on Pakistan,” potentially entitling Pakistan to self-defense and risking dangerous escalation. They emphasized that international law prohibits using military force in foreign territory to counter terrorism, noting there is “no separate right” to do so unilaterally.

Violation of Multiple Human Rights: The suspension of the water treaty could violate the rights to water, food, work and livelihood, an adequate standard of living, a clean and healthy environment, economic self-determination, and the right to development for millions of Pakistanis.

Breach of Treaty Obligations: The experts found “no valid international legal grounds” for India’s suspension of the treaty. They rejected India’s justifications based on alleged Pakistani support for terrorism, stating that even if true, this would be “extraneous to a breach of the Treaty.” They also dismissed India’s claims of fundamental changes in circumstances, noting that factors like population growth and energy needs do not meet the extremely high legal threshold required.

Invalid Countermeasures: The report concluded that India’s actions do not constitute valid countermeasures under international law, as India has not provided credible evidence of Pakistani wrongdoing and the suspension would not be proportionate to any injury suffered given the severe impact on Pakistani civilians.

Sovereignty Violations: The experts emphasized that India’s use of force violated Pakistan’s sovereignty and the duty of non-intervention in a foreign state.

Calls for de-escalation

The UN experts condemned the original Pahalgam attack while urging India to respect international law. They requested clarification on several points, including whether India will provide reparations for violations of the right to life and fulfill its obligations under the water treaty.

The communication, signed by five UN Special Rapporteurs covering terrorism, environment, executions, international order, and water rights, will be made public within 60 days along with any response from India.

The experts are: Ben Saul, Special Rapporteur on counter-terrorism and human rights; Astrid Puentes Riaño, Special Rapporteur on the right to a clean, healthy and sustainable environment; Morris Tidball-Binz, Special Rapporteur on extrajudicial executions; George Katrougalos, Independent expert on democratic and equitable international order; and Pedro Arrojo-Agudo, Special Rapporteur on the human rights to safe drinking water and sanitation.

A ceasefire was agreed between the two nations on May 10 after four days of hostilities, but tensions remain high as disputes over both terrorism and water sharing continue to fester against the backdrop of the unresolved territorial status of Kashmir, where a UN-mandated plebiscite is yet to take place.

The experts warned that without peaceful settlement of underlying disputes, conditions conducive to terrorism and regional instability will persist, potentially threatening the lives of millions across South Asia.