Contested Grounds and Missing Sticks: Assessing the Legality of India’s Surgical Strikes in Pakistan

Nabarun Roy
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Nabarun Roy: Nabarun Roy is an assistant professor in the Department of International Relations at the South Asian University, New Delhi. He obtained his PhD from the Department of Political Science, Carleton University, Ottawa. His research focuses on theories of international relations, wars, great power politics, geopolitics of South Asia and Indian foreign policy.

India Quarterly: A Journal of International Affairs, 2024, vol. 80, issue 4, 481-502

Abstract: The article wades into the contested issue of the legality of India’s surgical strikes in Pakistan in the last decade. While legal scholars have deliberated on the legality of India’s actions, international relations (IR) have remained silent, thereby underlining the chasm between IR and international law when it comes to international issues. This article evaluates the competing claims made by legal scholars by engaging with developments in international law pertaining to the use of force as an ‘outsider’ approaching the issue from a fresh vantage point. It finds the argument regarding the weakness of India’s legal position to be more convincing. However,it does not fully subscribe to the reasons attributed for the weakness. Drawing on insights from IR, it highlights the salience of political considerations and incentive structures. The article argues that a comprehensive view that includes legal and political dimensions needs to be taken to appreciate India’s stand regarding the surgical strikes.

Keywords: Use of force; surgical strikes; India; Pakistan; international law; pre-emptive strike; power (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:sae:indqtr:v:80:y:2024:i:4:p:481-502

DOI: 10.1177/09749284241285070

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