Time for ‘legal diplomacy’

In a compelling call for a renewed approach to Indo-Pakistani relations, the authors at RSIL advocate for the revitalization of 'legal diplomacy.' This concept, coined by the organization, emphasizes the critical role of legal and law-enforcement cooperation in de-escalating tensions and managing disputes between the two nuclear neighbors. The article revisits the period following the 2008 Mumbai attacks, highlighting how poorly managed trials and a lack of bilateral cooperation, rather than constructive engagement, fueled animosity.

The piece argues forcefully that had robust legal cooperation frameworks been in place, incidents like the 2019 Balakot airstrike could have been averted. Instead of resorting to unilateral military action, which resulted in Pakistan capturing an Indian pilot, both nations could have pursued investigations within an agreed framework. This failure to cooperate, the authors contend, is a shared responsibility, with each country pursuing its own strategic interests at the expense of mutual security and stability.

Furthermore, the article points to recent events, such as the 2025 Pahalgam incident in occupied Kashmir, as missed opportunities for applying established legal procedures. It suggests that India should have requested assistance under Indian law (Section 166 A of the Criminal Procedure Code) and Pakistan should have invoked its Mutual Legal Assistance Act of 2020. By adhering to these legal obligations, particularly those outlined in UN Resolutions 1267 and 1373, Pakistan could have demonstrated its commitment to being a responsible state and fulfilled its duty to respond. The core message is clear: prioritizing legal mechanisms over political expediency is essential for fostering lasting peace and stability between India and Pakistan.