Syllabus: GS-II Subject: International Relations, Topic: International institutions, agencies and fora, Issue: India has underutilised the strategic potential of international conventions.
Context:
While kinetic actions like Operation Sindoor have reaffirmed India’s military resolve against Pakistan-backed terrorism, a complementary legal strategy — or “lawfare” — remains underused. The article argues for building a compelling international legal narrative to isolate Pakistan diplomatically and hold it accountable.
Key Highlights:
- India is a signatory to major terrorism-related treaties:
- SAARC Convention on Terrorism
- ICSFT (Terror Financing)
- Terrorist Bombings Convention
- Articles in these treaties allow recourse to the International Court of Justice (ICJ) if violations occur.
- India has built diplomatic momentum by sending parliamentary delegations abroad to justify its military actions post-Pahalgam.
Critical Reflections:
- Lawfare = Force Multiplier: International law can legitimise India’s stance and mobilise global opinion.
- ICJ Jurisdiction Complications: India’s own reservations under the ICJ clause may hinder its ability to sue Pakistan—needs reassessment.
- Narrative Shift Needed: A legal case based on indisputable evidence and treaty violations helps India avoid mere political rhetoric.
- Precedents Exist: India successfully used ICJ jurisdiction in the Kulbhushan Jadhav case — a model to replicate.
Implications for India’s Strategic and Legal Framework:
| Dimension | Implication |
| Diplomatic Leverage | Strengthens India’s case at global forums like the UNSC, G20, and SAARC by backing claims with legal proof. |
| Soft Power Expansion | Positions India as a rule-abiding power, contrasting with Pakistan’s image of a terror sponsor. |
| Judicial Strategy | Enables India to use the ICJ and treaty obligations as forums of international accountability. |
| Terror Financing Control | Undermines Pakistan’s ecosystem of state-enabled non-state actors, through legal sanctions and scrutiny. |
Conclusion:
Law is war by other means. India must not rely solely on deterrence or diplomacy but should use international legal frameworks and courts to assert its moral and strategic high ground. By embracing “lawfare,” India can convert its security challenges into legal victories, adding legitimacy to its counter-terror policy.
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