Global law’s self-defense clause?

• India and Pakistan agreed to halt all firing and military action following escalating tensions.

• The agreement came after India conducted 24 precision strikes on May 7, targeting terrorist infrastructure in Pakistan and Pakistan-Occupied Kashmir.

• Pakistan denounced the strikes as a “blatant act of war” and alleged civilian casualties.

• Article 51 of the United Nations Charter allows the use of force solely in the exercise of self-defence following an armed attack.

• Article 51 imposes a procedural obligation on member states to report any military measures taken in self-defence to the UN Security Council (UNSC).

• The UN Charter governs only the conduct of states and state-sponsored uses of force.

• An emerging doctrine in international law permits the use of force in self-defence against NSAs operating from another state’s territory when that state is “unwilling or unable” to neutralise the threat.

• The doctrine does not require state attribution for attacks by NSAs, lowering the threshold for invoking self-defence.

• Military operations under Article 51 must comply with the principles of necessity and proportionality.

• If the ceasefire agreement fails, the UNSC could adopt a resolution calling for an immediate cessation of hostilities and vote on a subsequent resolution to address any further violations.