India’s Escalation After Pahalgam Attack: A Violation of Int’l Law and Regional Stability

India’s response to the Pahalgam incident has triggered a dangerous spiral of aggression in South Asia—exposing its disregard for international law and undermining regional peace efforts.

Tensions have spiked in South Asia following a deadly attack in Pahalgam that killed 27 tourists in Indian Illegally Occupied Jammu and Kashmir (IIOJK). India quickly blamed Pakistan without presenting concrete evidence and took severe retaliatory actions, escalating the conflict between two nuclear-armed nations.

In a series of provocative measures, India suspended the Indus Waters Treaty, revoked visas for Pakistani nationals under SAARC, and cut down staff at the Pakistan High Commission. It dismissed Pakistan’s call for an impartial investigation and instead launched missiles at Pakistani civilian areas and military airbases—an act seen as an unprovoked and illegal use of force.

Pakistan responded by downing five Indian Rafale jets and initiated Operation Bunyanum Marsoos, targeting six Indian military installations with precision—carefully avoiding civilian areas. A ceasefire was later brokered by the United States and announced on President Donald Trump’s official X account.

While Indian media pushed aggressive war rhetoric, India’s unilateral actions violated key principles of international law. These moves were not only reckless but part of a broader agenda to exploit the crisis for domestic and strategic gains.

One such agenda was India’s long-standing desire to amend or suspend the Indus Waters Treaty (IWT). In recent years, India has repeatedly obstructed proceedings at international forums, including The Hague, concerning hydroelectric projects on disputed rivers. India also issued an ultimatum in 2024, threatening to revoke the IWT unless Pakistan accepted its terms—openly violating the spirit of Article 26 of the Vienna Convention, which demands treaties be upheld in good faith.

Additionally, India’s suspension of the treaty without mutual consent breaches Articles 57 and 60 of the Convention, which require either proven violations or bilateral agreement for any suspension. Since no such violations by Pakistan have been substantiated, India’s actions amount to a breach of international commitments.

India has also weaponized water—cutting off the flow of the Chenab River and targeting hydropower projects in Azad Kashmir. These actions defy Article 54 of Additional Protocol I of International Humanitarian Law, which prohibits attacks on civilian resources essential for survival.

Under UNGA Resolution 3314 and Article 2(4) of the UN Charter, India’s missile strikes qualify as acts of aggression. Even The New York Times reported India’s failure to provide evidence linking Pakistan to the Pahalgam attack.

Domestically, India’s ruling BJP government is using the crisis to stoke nationalist sentiment and secure electoral gains. Prime Minister Modi’s rise in politics has long been fueled by communal rhetoric and anti-Pakistan narratives, making negotiations with Pakistan increasingly unlikely.

Internationally, India seeks to isolate Pakistan, targeting its financial systems and attempting to derail its IMF program. However, Pakistan has banned groups like JeM and JuD, and detained figures such as Hafiz Saeed in 2019.

While India attempted to provoke a full-scale conflict, Pakistan’s calculated and proportionate response preserved regional balance. True peace in South Asia remains out of reach unless the Kashmir dispute is resolved in accordance with the will of the Kashmiri people.