India’s New Approach: Lawfare
Lawfare means using international law as a strategic tool in foreign policy.
Instead of just military or diplomatic moves, India should use legal avenues to hold Pakistan accountable for terrorism.
This includes exposing Pakistan’s role in attacks like the 2008 Mumbai attacks and the recent Pahalgam attack.
Use of International Treaties
Both India and Pakistan have signed global and regional anti-terrorism conventions.
These treaties require countries to:
Criminalise terrorism.
Punish those involved.
Stop funding terrorism.
India can highlight Pakistan’s violations of treaties like:
SAARC Convention.
ICSFT (International Convention for the Suppression of the Financing of Terrorism).
Terrorist Bombing Convention.
Taking Pakistan to the ICJ
Some treaties allow disputes to be taken to the ICJ (International Court of Justice).
India has a strong case and could sue Pakistan under these agreements.
However:
Pakistan has opted out of ICJ’s jurisdiction under one treaty (ICSFT).
India has opted out under another (Terrorist Bombing Convention).
India should consider removing its reservation to take legal action under that treaty.
Strategic Benefits of Legal Action
Even if the court case doesn’t succeed, it will:
Put global spotlight on Pakistan’s role in terrorism.
Strengthen India’s global narrative against terrorism.
Build diplomatic and legal pressure.
India must prepare a solid, evidence-based legal strategy and train officials to use international law effectively.
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