UN experts rebuke India over May attack on Pakistan, Indus Waters Treaty stance

Experts highlight civilian harm in India’s missile strikes, call for adherence to international norms

Workers walk on a bridge near the newly inaugurated 450 megawatt hydropower project located at Baglihar Dam on the Chenab River, which flows from Indian Kashmir into Pakistan, at Chanderkote, about 145 km (90 miles) north of Jammu October 10, 2008. PHOTO: REUTERS

UN special rapporteurs and independent experts have criticized India’s military actions during the May conflict with Pakistan, saying New Delhi may have broken international law and increased the risk of wider confrontations. The report also raised concerns over India’s announcement to keep the Indus Waters Treaty “on hold”.

The report, released on Friday, centers on May 7, when Indian forces allegedly carried out attacks inside Pakistani territory. The UN experts said the unilateral use of force appeared to be in violation of the UN Charter and noted that India had not formally notified the UN Security Council of its actions, which they said is required under international law.

The report said the attacks caused civilian harm, claiming that populated areas were hit, resulting in casualties and injuries, and that religious sites, including mosques, were damaged. While the experts condemned the Pahalgam attack that preceded India’s response, they said there was insufficient evidence to support India’s claims of Pakistani state involvement.

The legal assessment is clear; International law provides “no separately recognized right to use unilateral military force to combat terrorism,” the report said. It warns that such action could violate the right to life and increase the risk of wider confrontations. The experts said that if India’s behavior amounted to an armed attack, Pakistan would retain the right to self-defense, and they characterized the strikes as a serious violation of Pakistan’s sovereignty.

On the Indus Waters Treaty, the report said any obstruction or threat to river flows could affect the fundamental rights of millions of people in Pakistan, including access to water, food, livelihood, health, environment and development.

The experts said that interference with transboundary water flows should be avoided and that water should not be used as political or economic leverage. They said the treaty cannot be suspended unilaterally and will remain in force unless both governments agree to terminate it through a new arrangement.

Read: Pakistan accuses India of manipulating the flow of the Chenab River

The experts called India’s wording that the treaty be “held in abeyance” ambiguous and said New Delhi had not clearly invoked suspension provisions under treaty law. The report described any unilateral suspension as illegal because it bypasses established procedures.

The report said disputes should be dealt with through the settlement mechanisms of the treaty. It described India’s references to “substantial breach” and alleged cross-border terrorism as legally weak grounds for suspension, and said Pakistan had not been found to have violated any treaty clause.

The experts said that a fundamental change in circumstances requires a strict legal threshold and that population or energy needs alone do not meet it. They added that India had not provided evidence to justify countermeasures and argued that restricting water flows or suspending the treaty would be a disproportionate step affecting Pakistani civilians.

According to the report, countermeasures do not remove human rights obligations and will require notice, negotiation and completion of legal steps. The experts said such measures are temporary and reversible and do not justify permanent suspension or termination.

The experts blamed India for the deterioration of treaty engagement, noting that annual meetings of the Indus Commission have not taken place since 2022, citing obstacles in data exchange and disagreement over settlement clauses, which are contrary to the treaty’s intent.

Read more: Pak rejects India’s criticism of constitutional adjustments

In a statement released by the presidential secretariat, President Asif Ali Zardari welcomed the report, saying it “reinforces Pakistan’s long-standing position that the unilateral use of force across international borders constitutes a violation of the UN Charter and a serious breach of Pakistan’s sovereignty.”

Referring to the report’s assessment of violations of the Indus Waters Treaty, the president said circumvention of agreed dispute settlement mechanisms and actions affecting water flows violated Pakistan’s rights and risked serious human rights consequences.

Zardari expressed concern that the report clearly demonstrated India’s irresponsible governmental behavior. “India has long stonewalled its minorities and ignored its obligations to international forums like the UN, but this pattern of rogue behavior cannot continue indefinitely,” he said, stressing that such behavior could not be allowed to continue.

Addressing foreign diplomats on Friday, Deputy Prime Minister and Foreign Affairs Minister Ishaq Dar stated that in April 2025, India unilaterally suspended the Indus Waters Treaty and withheld essential data and information to which Pakistan is entitled under the agreement.

According to Dar, the UN Special Rapporteurs in the report have confirmed Pakistan’s position on the treaty, stressing that the Indus Waters Treaty is a cornerstone of peace and stability in South Asia and any attempt to weaken it could destabilize the entire region.

He further reported that unusual fluctuations in the flow of the Chenab River were recorded twice this year, from April 20 to May 21 and December 7 to 15, and that India was releasing water into the Chenab without prior notice, exposing Pakistan to flood and drought risks.

Dar has said these actions are in violation of international law and Article 26 of the Vienna Convention, and accused India of systematically trying to undermine the treaty. Projects like Kishanganga and Ratle were also highlighted as being incompatible with the technical provisions of the treaty.

May conflict with the timeline

In Pahalgam, Indian-administered Jammu and Kashmir, five militants killed 26 civilian tourists on 22 April 2025. India held Pakistan responsible for the attack, leading to a sharp escalation of diplomatic and military tensions. The following day, India suspended the Indus Waters Treaty, closed the Attari-Wagah border, expelled Pakistani military diplomats, reduced Pakistan’s diplomatic staff and canceled SAARC visas for Pakistani nationals. Border clashes were reported repeatedly between 23 and 30 April.

In response, Pakistan took countermeasures by canceling Indian visas, evacuating Indian nationals, closing its airspace to Indian aircraft and suspending trade. Pakistani officials also warned India against diverting the waters of the Indus River, describing such actions as potentially constituting an act of war. Tensions continued to rise as India initiated ceasefire violations along the Line of Control and its airspace restrictions affected Pakistani flights in late April.

The escalation continued into early May, with both countries preparing militarily. On 4 May, India stopped the flow from the Baglihar Dam on the Chenab River, while Pakistan shot down 29 Indian drones near the LoC and in Punjab on 6 May.

Military Operations (May 7-11)

India launched “Operation Sindoor” on May 7 and carried out missile strikes at several locations in Punjab and Kashmir, including Bahawalpur, Muridke, Gulpur, Bhimber, Chak Amru, Bagh, Kotli, Sialkot and Muzaffarabad. Three days later, on 10 May, the Indian Air Force targeted eight major Pakistani air bases, including the Nur Khan base in Rawalpindi. Pakistan responded early the same day with Operation “Bunyan-un-Marsoos”, hitting 26 military sites in India and Indian-administered Kashmir using missiles and drones. Another wave of attacks included swarming drones, stray munitions and Fatah missiles, targeting 26 locations along India’s western border.

The conflict subsided after the mediation of former US President Donald Trump, who announced a ceasefire on 10 May via X. Pakistan claimed victory after the ceasefire on 11 May.

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