Lawfare and Pakistan

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The phrase "Law protects the vigilant, not the ignorant" is particularly relevant in the context of international law, where nations must actively defend their sovereignty and rights. A growing strategy in this context is lawfare which refers to using legal mechanisms as a weapon of war. In other words, it is the practice of using law as a tool to achieve military or political goals. This approach has become increasingly important in modern geopolitics, especially for countries seeking to protect their national interests without resorting to military action.

As global power dynamics shift, smaller nations, particularly in politically volatile regions, are forced to rely not only on military deterrence but also on diplomatic and legal mechanisms to safeguard their national interests. This is especially pertinent for Pakistan, which faces constant challenges from its larger neighbour, India. The rise of lawfare as a strategic tool in international diplomacy has made it evident that legal arguments, when effectively presented, can alter geopolitical outcomes. The term "lawfare move" refers to the use of legal systems and international law as a form of warfare, and it has emerged as a critical element in the defence of state sovereignty.

In today's evolving geopolitical environment, Pakistan must refine its lawfare strategy, particularly in light of India's aggressive stance on Kashmir and the recurring accusations that Pakistan supports terrorism. Lawfare has become an essential component of Pakistan's foreign policy, emphasising the need for a strong legal framework to present its case in international forums like ICJ.

India's longstanding claim that Pakistan sponsors terrorism has been challenged consistently in international courts, most notably in the ICJ case concerning Kulbhushan Jadhav. Pakistan successfully defended its legal right to prosecute the Indian spy under Pakistani law, demonstrating the power of lawfare in safeguarding national sovereignty. Despite India's attempts to implicate Pakistan in terrorism-related incidents like the Mumbai attacks and Uri strike, evidence in international courts has consistently failed to establish any definitive link between the Pakistani state and terrorism. Pakistan's position - firm in its commitment to the Kashmiri people's right to self-determination and its condemnation of all forms of terrorism - remains steadfast on global platforms.

Several countries, including the US and Iran, have effectively used lawfare to advance their national interests. Iran, despite years of US-imposed sanctions, employed international legal mechanisms to defend its right to pursue a civilian nuclear programme, achieving a legal victory in the ICJ. Similarly, Qatar used lawfare against the UAE after being excluded from Gulf trade, securing a favourable ruling from the ICJ.

The Kashmir issue remains a significant point of contention in international forums, and Pakistan must continue advocating for Kashmir's right to self-determination. The UN has passed several resolutions supporting this right, but India's rejection of these resolutions weakens its position globally. Pakistan's legal strategy should focus on demonstrating the severe human rights violations occurring in Kashmir, the continuing displacement of Kashmiris, and the illegal actions by India following the revocation of Articles 370 & 35A. The consistent abuse of Kashmiris' fundamental rights should be brought in every legal forum.

Pakistan needs to prioritise lawfare as a key instrument in its foreign policy strategy. Investing in a new generation of legal experts skilled in international legal systems is crucial. Building robust cases grounded in international law will enable Pakistan to assert its rights on the global stage, effectively counter India's aggressive narrative, and secure its position in international forums. Lawfare move is not just a defensive tool but a powerful means of asserting the rights of nations in an increasingly complex and multipolar global order.