Why in the News?
India and Pakistan agreed to cease all firing and military actions following precision strikes by India under Operation Sindoor as a Self-Defence against the Pahalgam massacre that killed 26 civilians.
About Right to Self-Defence under UN Charter:
- The United Nations Charter generally prohibits the use of force under Article 2(4).
- Article 51 provides an exception, permitting the use of force in self-defence if an armed attack occurs against a Member State.
- The International Court of Justice (ICJ) in Nicaragua v. U.S. (1986) interpreted “armed attack” as the gravest form of the use of force.
- The right of self-defence is subject to two key conditions:
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- Necessity: The force must be essential to respond to an armed attack.
- Proportionality: The response must not exceed what is required to repel the attack.
- Under Article 51, states must immediately notify the UN Security Council (UNSC) of any action taken in self-defence.
- In India’s case, the May 7, 2025 missile strikes were described as a “measured response” to the Pahalgam massacre, implying invocation of Article 51, though not explicitly stated.
- India’s May 8 briefing to 13 of 15 UNSC members was likely in fulfilment of this reporting obligation.
‘Unwilling or Unable’ Doctrine:
- This is an emerging principle in international law, particularly after 9/11.
- It allows a state to use self-defensive force against non-state actors operating from another state’s territory if that state is:
- Unwilling or
- Unable to stop the threat.
- It was prominently invoked by the US:
- In 2011 (killing of Osama bin Laden in Pakistan).
- In 2014 (airstrikes on ISIS in Syria).
- However, it is criticised by countries like Russia, China, and Mexico for undermining state sovereignty and the UN system.
India’s Stance:
- India’s position is unclear but evolving. At a UNSC Arria Formula meeting in Feb 2021, India listed 3 conditions:
- The non-state actor has repeatedly attacked the state.
- The host state is unwilling to neutralize the threat.
- The host state actively supports or sponsors the non-state actor.
- Legal scholars note it is uncertain if these conditions are cumulative or independent.
- In response to the Pahalgam attack, India accused Pakistan of inaction and labelled it a safe haven for terrorists.
- This suggests implicit reliance on the “unwilling or unable” doctrine, though it is not codified in customary international law.
| [UPSC 2005] Consider the following statements:
1. The Charter of the United Nations Organization was adopted at Geneva, Switzerland in June, 1945; 2. India was admitted to the United Nations Organization in the year 1945; 3. The Trusteeship Council of the United Nations Organization was established to manage the affairs of territories detached from Japan and Italy after WWII. Which of the statements given above is/are correct? Options: (a) 1, 2 and 3 (b) 2 only* (c) 1 and 3 (d) 3 only |
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