Analysing the Legality of India’s ‘Surgical Strike’ under International Law

by Sujoy Sur

What happened?

India took military action at eight terrorist launch-pads across the LOC in Pakistan Occupied Kashmir (POK). India chose to tag the attack as a ‘surgical strike’, thus, implying the remedial nature of its action. It is to be noted that India in its official announcement did not deem it to be an act in retaliation to the Uri attacks but a military measure against the increasing incursions by non-state actors in the territory of India.

Image Courtesy: Indian Express

To look at the act from a layman’s point of view in light of prevalent international notions of territorial sovereignty, war, and military action, it seems to be a deliberate attempt of entering the territory of another state and carrying out targeted killings. Now that Pakistan has not owned up to it, that is, it has blatantly denied that any such measure was taken by the Indian army, it has reduced the measure to a general ceasefire violation, which is not uncommon in the region. Also, it means that the repercussions bilaterally will not be unforeseeable or grave. But, since top Indian officials have endorsed the act it comes under the purview of state practice under international law from India’s end. This calls for a pertinent question, whether India’s surgical strike was legal under international law?Read More »

Washing the Dirty Linen of the “Dallah” in Public? 

 By Shriya Maini*

Meccas-Grand-Mosque
The dispute arose out of a contract between Dallah Real Estate and Tourism Holding Company, a Saudi Arabian company and the Government of Pakistan to provide housing in Saudi Arabia for Pakistani pilgrims to Mecca.

Divergent decisions of the French[1] and English[2] courts on the Dallah case reiterate that the enforcement of arbitral awards under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Award, 1958 (“NYC”) is not as straightforward in practice as it is in principle. In this essay, I elucidate the law laid down by the two incompatible judgments rendered by two different national courts in the Dallah case and conclude that the French Court’s approach was most satisfactory.Read More »