Pahalgam attack: 'Definition of Aggression' can nail Pakistan in UN General Assembly

New Delhi: Pakistan could be held accountable in the UN General Assembly for the Pahalgam attack under a resolution adopted in 1974 on aggressors that promote mercenaries and armed bands, although as a current non-permanent member of the UNSC it may try to block any resolution to this effect over the next two years, said people familiar with the matter.

The UNGA resolution 3314, adopted on December 14, 1974, defines 'aggression' and provides a non-binding recommendation to the UNSC on the definition it should use for the crime of aggression. The resolution, known as the 'Definition of Aggression', lists various acts that qualify as acts of aggression, including invasion, bombing and the use of armed force against another state's sovereignty.

Article 3 (g) of the resolution says, "The sending by or on behalf of a state of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another state of such gravity as to amount to the acts listed above, or its substantial involvement therein." The resolution is not legally binding but serves as guidance for the UNSC.

The people cited earlier said the Indian government needs to gather every evidence of Pakistan's role in the attack and present it to the UNGA to build a watertight case. The external affairs ministry has shared technical and other evidence related to the role of Pakistan's institutions in the Pahalgam attack with envoys of a number of countries at a special briefing.

Pakistan, as a non-permanent member of the UNSC till 2026, may use China to veto any resolution that the UNSC may bring against its implicating role in the attack, said experts. On Friday, the UNSC condemned the attack in the strongest terms, without naming Pakistan, and asserted that those responsible must be held accountable.