Answer

India’s fight against cross-border terrorism demands innovative strategies beyond military and diplomatic measures. A potent yet underutilized tool is “lawfare”  leveraging international legal frameworks to hold Pakistan accountable for supporting terrorism. By strategically employing lawfare, India can amplify its global narrative and ensure justice through legal accountability.

Effectiveness of ‘Lawfare’ in India’s Counter-Terrorism Policy

• International Legal Pressure: Utilizing global legal platforms helps expose Pakistan’s terror sponsorship and gains diplomatic traction.
  Example: After the 2008 Mumbai attacks, India presented concrete evidence internationally, compelling Pakistan to reluctantly admit involvement.
• Leveraging Terrorism Conventions: Invoking treaties like ICSFT and the SAARC Convention allows India to challenge Pakistan’s legal obligations.
  Example: Article 2(1) of ICSFT criminalizes terror financing, which India can cite against Pakistan’s inaction.
• Global Narrative Building: Legal frameworks help project India as a rights-respecting state combating terrorism within legal norms.
  Example: All-party parliamentary delegations after Operation Sindoor were used to present India’s case legally and factually abroad.
• Deterrence through Legal Means: Regular legal challenges increase diplomatic and reputational costs for Pakistan.
  Example: Consistent legal evidence and naming at global platforms builds pressure on Pakistan to curb support for militant outfits.
  

Challenges and opportunities in leveraging international legal mechanisms

Impact on India’s Broader Diplomatic Objectives and Regional Security

• Enhanced Global Standing: Using lawfare shows India’s commitment to a rules-based global order.
  Example: India’s advocacy for CCIT and participation in global lawfare initiatives enhances its international credibility.
• Diplomatic Isolation of Pakistan: Legal proceedings expose Pakistan’s duplicity on terrorism, potentially isolating it diplomatically.
  Example: By aligning with global conventions, India sharpens the contrast with Pakistan’s violations.
• Strengthening Alliances: Collaborative legal action can deepen ties with nations sharing India’s counter-terrorism concerns.
  Example: Partnering with countries like France or Israel on terror-related legal initiatives adds weight to India’s strategy.
• Regional Legal Influence: India’s proactive legal stance could inspire similar strategies among South Asian neighbours.
  Example: SAARC nations affected by terrorism might adopt comparable lawfare measures with Indian support.
• Promotion of Rules-Based Order: Lawfare helps India assert that global disputes should be resolved by law, not coercion.
  Example: Promoting UN-backed counter-terror norms aligns with India’s vision of responsible global conduct.
  

Way Forward

• Withdraw Counterproductive Reservations: India should remove its reservation to the Terrorist Bombing Convention to unlock ICJ action.
  Example: This would allow India to sue Pakistan at ICJ, where Pakistan has accepted jurisdiction under that treaty.
• Strengthen Legal Infrastructure: Build domestic capacity in international law, treaty compliance, and evidence compilation.
  Example: Establish dedicated inter-ministerial legal task forces to prepare legally sound cases.
• Persistent Global Engagement: Regularly raise terrorism issues in global fora like the UN, FATF, and ICJ.
  Example: Use Operation Sindoor narratives to anchor legal and diplomatic messaging at multilateral forums.
• Forge Legal Coalitions: Collaborate with states facing similar threats to collectively challenge state-sponsored terrorism.
  Example: Joint submissions with Afghanistan, Bangladesh, or African states could amplify India’s case.
• Promote Public Diplomacy and Transparency: Share legal evidence and treaty violations with the public and international audience.
  Example: Host international legal conferences and publish white papers documenting Pakistan’s breaches.

Lawfare can bolster India’s counter-terrorism strategy by leveraging international legal framework . By integrating lawfare, India can align legal accountability with its broader diplomatic and strategic objectives, contributing to a more secure and just regional order.

DOWNLOAD PDF