The Pakistan & its Cross Border Terrorism
The Core Issue :-
State Responsibility for Acts of Terrorism
I. Introduction:-
The Enduring Scourge of Cross-Border Terrorism
1. For decades, India has been the target of relentless terrorist attacks, meticulously planned, financed, and executed by organizations whose very existence and operational capabilities are inextricably linked to the territory of the Islamic Republic of Pakistan (hereinafter "Pakistan").
This submission will demonstrate, through compelling facts and established legal principles, that Pakistan has breached its fundamental obligations by failing to prevent its territory from being used as a launchpad for terrorism against India, thereby incurring state responsibility for the immense suffering caused.
II. A Chronicle of Terror:-
The Evidentiary Tapestry
2. The tragic history of cross-border terrorism targeting India is not a series of isolated incidents, but rather a sustained campaign, each thread leading back to Pakistan.
The following illustrative examples, forming a clear and undeniable pattern:
A]. The Audacity of Mumbai (2008):-
The meticulously planned and executed attacks on Mumbai in November 2008, orchestrated by the Pakistan-based Lashkar-e-Taiba, left an indelible scar. The investigation and subsequent evidence, including digital communications and the capture of a surviving terrorist, unequivocally traced the planning, training, and logistical support directly to Pakistan.
B]. The Attack on Sovereignty (2001):-
The brazen attack on the Indian Parliament in December 2001, aimed at the very heart of India’s democracy, was perpetrated by terrorists belonging to Jaish-e-Mohammed and Lashkar-e-Taiba, organizations openly operating within Pakistan.
C]. The Breach of Security (2016):-
The assault on the Pathankot airbase in January 2016, carried out by Jaish-e-Mohammed operatives, further demonstrated the continued ability of Pakistan-based terrorist groups to strike deep within Indian territory.
D]. The Carnage in Uri (2016):-
The deadly attack on the Indian Army base in Uri in September 2016, attributed to Jaish-e-Mohammed, once again highlighted the direct link between terrorist violence in India and organizations thriving within Pakistan.
E]. The Recent Outrage (2025):-
The Pahalgam attack of April 22, 2025, the immediate aftermath of which yielded digital evidence pointing towards Pakistan-based handlers and networks, underscores the ongoing nature of this grave issue.
3. Beyond these specific atrocities, It rests on a robust and multi-layered body of evidence:
A]. The Digital Realm as a Conduit of Terror:-
Intercepted communications, digital footprints meticulously traced to Pakistan-based servers and individuals, and the unashamed claims of responsibility by Pakistan-based UN-designated terrorist organizations, paint a clear picture of the digital infrastructure facilitating these crimes.
B]. The Testimony of Experience:-
The harrowing accounts and confessions of captured terrorists, detailing their radicalization, training within identifiable camps in Pakistan and Pakistan-occupied Kashmir, and the logistical support provided within Pakistani territory, offer irrefutable first hand evidence.
C]. The Flow of Illicit Funds:-
Investigations into the financing of terrorism targeting India consistently reveal financial trails originating within Pakistan, utilizing both formal and informal channels, directly supporting terrorist operations. Pakistan’s persistent presence on the FATF grey list speaks volumes about its systemic deficiencies in combating this illicit flow.
D]. .The Unseen Eye Geospatial Intelligence:-
Satellite imagery and corroborated intelligence reports have consistently identified the long-standing presence of terrorist training facilities and operational hubs within Pakistan’s territory, their very existence a testament to Pakistan’s failure to exercise effective control.
III. Legal Foundations: Pakistan’s Breach of International Law:-
4. The Pakistan’s actions and inactions constitute a clear and persistent breach of fundamental principles and binding obligations under international law:-
A.]. The Sacrosanct Duty of Due Diligence:-
Customary international law enshrines the duty of every state to exercise due diligence in preventing its territory from being used to cause harm to other states. In the context of the uniquely destructive nature of terrorism, this duty demands vigilance and effective action. Pakistan has manifestly failed to uphold this fundamental obligation. The sustained and widespread nature of terrorism emanating from its territory and targeting India, spanning decades and numerous attacks, demonstrates a systemic and egregious breach of its duty to take all reasonable measures to prevent such harm.
B].The Binding Mandate of UN Security Council Resolution 1373 (2001):-
This pivotal resolution, adopted under Chapter VII of the UN Charter, imposes unequivocal obligations on all UN member states to prevent and suppress the financing of terrorism, to criminalize terrorist acts, and to refrain from providing any form of support, active or passive, to terrorist entities. Pakistan’s continued failure to effectively dismantle the operational and financial networks of UN-designated terrorist organizations operating openly within its territory, such as Lashkar-e-Taiba (listed as a terrorist entity under UNSC Resolution 1267) and Jaish-e-Mohammed (also UNSC-designated), constitutes a direct and ongoing violation of these binding obligations. The international community’s repeated concerns, evidenced by Pakistan’s prolonged scrutiny under the FATF framework, further underscore this failure.
C]. The Imperative of International Conventions:-
Pakistan is a State Party to key international conventions aimed at the suppression of terrorism, including the International Convention for the Suppression of the Financing of Terrorism. Article 2 of this Convention obligates states to criminalize and prevent the financing of terrorism. Pakistan’s documented deficiencies in effectively preventing the flow of funds to terrorist organizations targeting India, and its insufficient prosecution of those involved in such financing within its jurisdiction, represent a clear failure to meet its treaty obligations.
D]. State Responsibility for the Inaction and Tolerance of Terrorism:- While the immediate perpetrators of terrorist acts are non-state actors, Pakistan’s state responsibility is engaged through its prolonged and egregious failure to prevent these acts from being planned, organized, and executed from its territory. The sustained operational capability and the public presence of leaders of UN-designated terrorist organizations within Pakistan, coupled with a conspicuous lack of effective legal action against them,and on the other hand , strongly supporting them clearly suggest a deliberate policy of support, thus triggering Pakistan’s responsibility under international law.
E]. The Unfulfilled Obligation to Prosecute and handing over UN-Designated Terrorist Organizations:-
International law unequivocally obligates states to thoroughly investigate and prosecute individuals within their jurisdiction credibly accused of involvement in terrorism, especially when such acts target other sovereign nations. Pakistan’s persistent failure to bring to justice the known leaders and key operatives of UN-designated terrorist organizations responsible for countless attacks in India represents a clear dereliction of this fundamental obligation.
F]. The Weight of Evidence Meets the Standard of Proof:-
The comprehensive and consistent body of evidence , encompassing digital intelligence, testimonial accounts, financial trails, and geospatial confirmation, meets the requisite standard of proof before any Court. The cumulative impact of this evidence establishes, on a balance of probabilities, Pakistan’s sustained and egregious failure to meet its international legal obligations to prevent its territory from being used for terrorism against India.
IV. conclusion :-
Therefore the Islamic Republic of Pakistan has violated its obligations under international law by failing to exercise due diligence to prevent its territory from being used for terrorist acts against the Republic of India, and by failing to comply with its obligations under UN Security Council Resolutions and international conventions on terrorism and on the other hand itself joinded hands with Terrorists Organizations - the Pakistan is liable to be boycotted socially and econimically by the entire world - Golabal Boycott
