Nijjar’s killing: an unlawful act under international law

Recently, an egregious incident has unfurled that has shaken the foundations of international law. The assassination of Hardeep Singh, a fervent Sikh activist on Canadian soil, has sent shockwaves reverberating throughout the global community. Recklessly orchestrated by the Indian government and its puppeteer intelligence organs, this act not only contravenes established international norms but also raises profound questions about the principles that underpin a just and peaceful world order. In this exposition, we delve into its multifaceted ramifications, and the pressing need for a meticulous investigation that is steeped in the tenets of international law.

The raison d'être behind the cold-blooded assassination of Hardeep Singh is deeply rooted in his unwavering activism and vociferous critique of the Indian government's policies concerning the Sikh minority. Hardeep Singh's strident advocacy for Sikh rights had thrust him into the international spotlight, posing an uncomfortable challenge to India's meticulously crafted global image. The assassination, perpetrated by Indian intelligence agencies, is widely perceived as an endeavour to quell this challenge and safeguard India's reputation on the international stage.

Foremost amongst the litany of international law breaches is the blatant violation of the cardinal principle of state sovereignty. Canada, akin to all sovereign nations, enjoys the inalienable right to safeguard the lives and security of individuals within its territorial confines. Any external interference, epitomised by an assassination plot, represents an infringement upon this sacrosanct principle, which forms the bedrock of the international legal framework.

In a far-reaching violation of international human rights law, the assassination of Hardeep Singh contravenes the steadfast proscription against extrajudicial killings. As enshrined in the Universal Declaration of Human Rights and fortified by numerous international conventions, most notably the International Covenant on Civil and Political Rights, extrajudicial killings are unequivocally condemned. These heinous acts are deemed intolerable under all circumstances and stand as an affront to the inviolable rights to life and due process.

One of the most disconcerting facets of this saga lies in the potential implication of Indian intelligence operatives shielded by diplomatic immunity. Diplomatic immunity, an indispensable facet of international diplomacy, shields diplomats from prosecution in host countries for acts carried out in the course of their official duties. While this doctrine is indispensable for fostering diplomatic relations, its abuse for criminal activities, including assassinations, stands as a grave perversion of justice.

It is incumbent upon the international community to ensure that diplomatic immunity does not transmute into an instrument for criminality. When credible evidence underscores the involvement of diplomatic personnel in criminal activities, it is imperative to initiate investigations and, if warranted, waive their immunity to pave the way for an equitable and impartial legal process.

The international community is obliged to respond resolutely to this disconcerting incident. Silence or inaction would inadvertently signal that extrajudicial killings and the abuse of diplomatic immunity are permissible. States that hold dear the principles of human rights, the rule of law, and justice must condemn this transgression and vociferously demand an impartial investigation.

In addition, nations should scrutinise their own diplomatic immunity policies to ensure that it is not misappropriated for criminal activities. While diplomatic immunity is indispensable for the efficacious conduct of international diplomacy, it must never metamorphose into a veil for unlawful actions.

Furthermore, the international community, under the aegis of the United Nations and in accordance with established jurisprudence, must play a proactive role in ensuring transparency and accountability. The alleged complicity of a foreign state's intelligence agency in an extraterritorial assassination cannot be left unaddressed; it poses an imminent threat to global peace and security and sets a perilous precedent.

The assassination of Hardeep Singh has the potential to strain the bilateral relations between Canada and India. Diplomatic tensions have already surfaced, with Canada forthrightly seeking explanations from the Indian government regarding the involvement of its intelligence agencies. Striking a delicate balance between the pursuit of justice and the preservation of diplomatic relations is an intricate task, yet the imprimatur of the rule of law must remain supreme.

The global community must assume an unwavering stance against such violations and stand as sentinels of justice, accountability and the rule of law. This episode serves as a somber reminder that no individual, irrespective of their nationality or the power of their government, should ever possess immunity from justice.