Pakistan's dubious record of violating bilateral pacts, global resolutions
Pakistan has violated numerous international treaties and UN resolutions, supporting terrorism while disregarding human rights and regional agreements.
Islamabad has made much of India putting the 1960 Indus Water Treaty in abeyance, but it is Pakistan that has violated scores of international treaties, disregarded UN resolutions, ignored conventions on terrorism and organized crime, and turned a blind eye to accepted human rights covenants and resolutions on nuclear non-proliferation. It has also violated key provisions of the 1972 Simla Agreement and the 1999 Lahore Declaration in the context of cross border terrorism and respecting territorial integrity of neighbours.
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Lashkar-e-Taiba (LeT) Deputy Commander Saifullah Khalid Kasuri, the main plotter behind the April 22 Hindu tourist massacre at Pahalgam, is himself the beneficiary of the Pakistani violation of UN Resolution 1373, which placed barriers on terrorist groups morphing into new political fronts. The 2001 Resolution placed barriers on the movement, organization and fund raising activities of terrorist groups and imposed legislative, policy and reporting requirements on member states to assist the global struggle against terrorism. With Pakistan not following through, LeT and its parent Jammat-ud-Dawa morphed into Pakistan Markaz Muslim League (PMML), of which Saifullah Kasuri was introduced as President in an August 8, 2017 press conference according to US Treasury Dept documents. Kasuri is now a key leader of PMML as member of coordination committee for central Punjab province as well as head of Lashkar’s Peshawar headquarters. This is not all.
While Pakistan ratified the UN Convention against Transnational Organized Crime in 2010, its continued illegal occupation and administration of Pakistan Occupied Kashmir and Gilgit-Baltistan (GB) violate the same convention’s Article 4, which calls for protection of sovereignty. Pakistan was placed under the Financial Action Task Force’s increased monitoring (or grey) list between 2018 and 2022 for violating the tenets on proceeds of crime and money laundering.
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The 1999 UNSC Resolution 1267 (ISIL and Al Qaida Sanctions Committee) mandated freezing of assets and travel bans on individuals and entities associated with terrorism but Pakistan continued to sponsor UN designated groups such as LeT, Jaish-e-Mohammed (JeM) and globally designated terrorists including Dawood Ibrahim. This was one reason why the country found itself on the grey list.
The UNSC resolution 1269 (1999) and 1989 (2011) calls upon states to prevent and suppress in their territories the preparation and financing of any acts of terrorism, and provision of safe havens to terrorist groups but Pakistan has totally trashed the two resolutions by continued support to financing and training terrorist outfits.
While Pakistan ratified the 1999 international convention for suppression of the financing of terrorism with riders on extradition and method of dispute resolution, Islamabad is complicit in sponsoring terrorism in India as well as Afghanistan . Enough documentary proof on this has been provided to the country – but has had little impact.
Even though Pakistan ratified the 1997 International Convention for Suppression of Terrorist Bombing in 2002 with the caveat that it would not apply to armed struggles for self-determination, Islamabad has violated articles 7 and 8 that require member states to investigate and take action against any individual who has committed the act of terrorism and is present in its territory. The fact is that the perpetrators of cross border terrorism in India – the masterminds behind the 26/11 terror attacks in Mumbai are one example -- are present and thriving under Pakistani patronage.
Pakistan ratified the Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 three years later but it refused to take action against Harkat-ul-Ansar operatives Masood Azhar and his family for hijacking of IC-814 flight from Kathmandu to Kandahar in 1999. The convention requires states to punish aircraft hijacking, particularly when an aircraft takes off or lands outside its country of registration. The convention establishes an offense of hijacking, and mandates that contracting states make it punishable with severe penalties.
Pakistan also ratified 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic agents three years later. Although the convention requires (article 6 and 7) that state/party in whose territory the alleged offender is present shall facilitate his extradition or prosecute the offender, Malik Masarat of Kotli in Occupied Kashmir is roaming free even though he is directly linked with the assassination of Indian diplomat Ravindra Mhatre in UK in 1984.
While Pakistan ostensibly shows keenness to revive the SAARC process, it has violated the SAARC Regional Convention on the Suppression of Terrorism 1987 and additional protocol in 2004 by continuing to sponsor cross border terrorism against India.