Defence

Surgical strike in PoK was an act of self defence, India tells UNSC

By India Today

India on Wednesday held Pakistan to account at the United Nations Security Council (UNSC) for harbouring terrorists and justified the cross-border action against “non-state actors” as an act of “self-defence”.

The statement was made at the Arria Formula meeting organised by Mexico titled “Upholding the collective security system of the UN Charter: the use of force in international law, non-state actors and legitimate self-defense”.

Without naming Pakistan, India’s Deputy Permanent Representative to the UN in New York, Nagraj Naidu said, “a State would be compelled to undertake a pre-emptive strike when it is confronted by an imminent armed attack from a non-state actor operating in a third state.”

Adding that the state then is “exonerated” from any international obligation towards the “aggressor” state giving the example of the 9/11 attacks and US’ actions thereafter.

“This state of affairs exonerates the affected state from the duty to respect, vis-a-vis the aggressor, the general obligation to refrain from the use of force. In fact, Security Council resolutions 1368(2001) and 1373(2001) have formally endorsed the view that self-defense is available to avert terrorist attacks such as in the case of the 9/11 attacks,” he said.

While Article 2(4) of the UN Charter requires that states refrain from the use of force, Ambassador Naidu explained that the drafting history of Article 51

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