Syed Akbar
Hyderabad: India cannot take as a precedent the US raid on Osama Bin Laden's hideout in Abbotabad to attack terror camps in Pakistan unless at the risk of war, says international law expert Dr PC Rao.
According to Dr Rao, who is a judge in the International Tribunal for the Law of the Sea, Hamburg, Germany, the sovereignty of a country is supreme under international law and it can be breached only through a sanction of the Security Council. Any military action against another country should be preceded by the permission of the Security Council.
The question of self defence arises if the military of a country is involved in attacks against another country. In the case of Pakistan, terror groups operating within its territory are involved in attacks on Indian soil. Unless it is established that the terror groups are supported by the government, military action cannot be taken against
non-State actors.
"India, however, can launch a military offensive against terror camps in Pakistan after seeking the approval of the Security Council. Otherwise, any military attack on Pakistan will lead to a war and disturb international peace. US is a super power and no country dare question its unilateral military actions. Moreover, the relations between the US and Pakistan are on a different note. But India cannot take the US action as a precedent to raid and destroy terror camps across the border, unless at the cost of war," Dr Rao pointed out.
He said India can continue its dialogue with Pakistan and seek custody of the terror suspects on its wanted list. Simultaneously, it can seek the help of countries which are friendly to both India and Pakistan to prevail upon the later to hand over the suspects for trial back home.
Sating that there have been suggestions that India should follow the US example, Dr Rao pointed out that in matters relating to maintenance of international peace and security, the Security Council is competent to take enforcement action against a State acting in violation of the international obligations under the charter of the United Nations.
Though the US has violated the international norms, a case cannot be built against it as Pakistan as a sovereign nation has not raised the issue on international forum, though its Parliament has passed a resolution condemning it. "Pakistan has made no complaint against the United States. It may be that it gave its consent, either formally or informally, to the United States. In the light of the above, the question of examining
the legality of American action in any international forum may not arise," he said.
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