Indian Perspective on the Legality of Surgical Strikes

  • Vidhish Muthanna C. A.
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  • Vidhish Muthanna C. A.

    Student at Symbiosis Law School, Pune, India

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Abstract

The national security of a state is an important objective as the ability to provide a peaceful life without any harm from foreign actors or states is the capability of a strong government. Considering these circumstances, states have been using surgical strikes as a common tool for warfare in recent years against terrorist and insurgent outfits. The legality of such an act of using force on another country is a violation of peace and has been in question in the minds of thinkers. Use of force, whether in respect to an act of aggression or in defense is subject to the provisions provided under the UN charter. India has conducted multiple surgical strikes in response to external threats and the legality of such attacks have been studied in this paper. International law is an important factor in determining the legality of surgical strikes. This is especially true when it comes to cross-border military operations. Surgical strikes are a form of targeted military action that is designed to minimize civilian casualties and to damage property. As such, international law must be considered before any such action can take place. This article will discuss the legal framework surrounding surgical strikes, including relevant treaties, international organizations, and national laws. It will also examine cases of India’s surgical strikes and their implications for international law.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 426 - 434

DOI: https://doij.org/10.10000/IJLMH.116711

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