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International relations, as an academic discipline, is more tolerant to the interchangeable terms as compared to the international law, which is more particular about the use of terminology employed to clarify a set of facts. This difference exists because the change of terms, changes the implications in terms of responsibility and liability.
This gets illustrated in the use of term ‘state sponsored terrorism’ as against the term ‘state terrorism’. Whereas, the former implies “principal and agent” sort of relationship between the state and the actual perpetrators of an act of terrorism, the latter term, “state terrorism” brings in the larger role of state emanating out of its responsibility as a player of the international system and the obligations undertaken by states under various international legal instruments that cover the areas of: international human rights law, international treaties dealing with terrorism and international humanitarian law.
Pakistan presented a detailed dossier to Permanent Members of the United Nations Security Council (UNSC) on 16th November 2020. This detailed dossier – one of its kind in terms of the comprehensive nature of information provided – contained evidence on planning, promoting, aiding, abetting, financing and execution of terrorist activities by India on the territory of Pakistan.
The dossier was a starting point as it spelled out “evidence-based accusation” against India in calculated manner by terming it as “state sponsored terrorism”. On the strength of overwhelming evidence, “legal grade admissible” under the principles of law of evidence as applicable in international criminal law, the purpose was to invite the attention of the guardians of international peace and security towards their fundamental role in the Security Council, which has passed numerous resolutions on the subject of terrorism.
India’s Obligations under UNSC Resolution 2232 of 2016
Amongst others, the Security Council in its Resolution 2232 of 2016 reaffirmed principles of sovereignty, territorial integrity and political independence. UNSC also condemned terrorism in all its forms and declared it to be a ‘great’ threat to international peace and security. The UNSC Resolution (2232 of 2016) expressed its intentions in its various recitals and linked it to the applicable international human rights law, international conventions, protocols qua terrorism and the international humanitarian law.
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Why India Should Investigate Terrorism Challenges levelled by Pakistan
International relations, as an academic discipline, is more tolerant to the interchangeable terms as compared to the international law, which is more particular about the use of terminology employed to clarify a set of facts. This difference exists because the change of terms, changes the implications in terms of responsibility and liability.
This gets illustrated in the use of term ‘state sponsored terrorism’ as against the term ‘state terrorism’. Whereas, the former implies “principal and agent” sort of relationship between the state and the actual perpetrators of an act of terrorism, the latter term, “state terrorism” brings in the larger role of state emanating out of its responsibility as a player of the international system and the obligations undertaken by states under various international legal instruments that cover the areas of: international human rights law, international treaties dealing with terrorism and international humanitarian law.
Pakistan presented a detailed dossier to Permanent Members of the United Nations Security Council (UNSC) on 16th November 2020. This detailed dossier – one of its kind in terms of the comprehensive nature of information provided – contained evidence on planning, promoting, aiding, abetting, financing and execution of terrorist activities by India on the territory of Pakistan.
The dossier was a starting point as it spelled out “evidence-based accusation” against India in calculated manner by terming it as “state sponsored terrorism”. On the strength of overwhelming evidence, “legal grade admissible” under the principles of law of evidence as applicable in international criminal law, the purpose was to invite the attention of the guardians of international peace and security towards their fundamental role in the Security Council, which has passed numerous resolutions on the subject of terrorism.
India’s Obligations under UNSC Resolution 2232 of 2016
Amongst others, the Security Council in its Resolution 2232 of 2016 reaffirmed principles of sovereignty, territorial integrity and political independence. UNSC also condemned terrorism in all its forms and declared it to be a ‘great’ threat to international peace and security. The UNSC Resolution (2232 of 2016) expressed its intentions in its various recitals and linked it to the applicable international human rights law, international conventions, protocols qua terrorism and the international humanitarian law.
Read full article...
Why India Should Investigate Terrorism Challenges levelled by Pakistan
