After a period of intense conflict, a ceasefire or agreement to stop fighting in-between India and Pakistan seems to have held through the night of 11th May. This comes after both countries accused each other of breaking the terms of the agreement just hours after it was made. In the days leading up to this agreement, there were worrying military actions happening across their shared border. These strikes were the most serious military clashes between these two long-time rivals in many years, raising serious concerns around the world.
The Role of the United States
The ceasefire was reached with the help of the United States. On 11th May morning, US President Donald Trump spoke positively about the leaders of India and Pakistan agreeing to stop fighting. He suggested that without this agreement, many millions of lives could have been at risk.
However, just hours after the ceasefire was announced, there were worrying reports that emerged. Explosions were heard by people living in Srinagar and Jammu that the main cities in the part of Kashmir that India controls. Following these reports, both India and Pakistan started accusing each other of breaking the newly established ceasefire.
How the Fighting Started?
The recent wave of conflict began when India launched attacks on locations in Pakistan and the part of Kashmir controlled by Pakistan. India stated that these actions were in response to a deadly attack on civilians in Pahalgam last month. India believes that some of the terrorist groups were responsible for this attack. However, Pakistan has denied any involvement in the Pahalgam incident. The warfare involved the use of advanced military equipment like drones, missiles, and artillery.
US President Donald Trump first announced the "complete and immediate" ceasefire on his social media platform on 10th May. He stated that the United States had played a role in bringing about this agreement. Later, Pakistan's foreign minister confirmed that the agreement had indeed been reached between the two countries. He also mentioned that many other countries around this had been involved in the diplomatic efforts to achieve this ceasefire. Despite the agreement, shortly after its announcement, people living in the main cities of Indian-administered Kashmir reported hearing loud explosions and seeing bright flashes in the sky. BBC reporters in the area also confirmed these reports.
India's Response to Alleged Violations
India's Foreign Secretary, Mr. Misri had accused Pakistan of repeatedly breaking the ceasefire agreement. He stated that India's military forces would respond appropriately to these alleged violations. On the other hand, a spokesperson for Pakistan's Ministry of Foreign Affairs stated that Pakistan remained committed to following the ceasefire agreement. They made this statement "despite the violations being committed by India in some areas." The spokesperson also urged their troops on the ground to "show restraint" during this sensitive period.
This situation highlights the complex nature of the relationship between India and Pakistan. While the ceasefire offers a chance for peace, the early accusations of violations suggest that maintaining this calm will be a significant challenge. The involvement of the United States and other countries emphasises the international concern over this long-standing conflict and the hope that this complex pause can lead to a more lasting peace.
Understanding Ceasefire Agreements: What They Cover and How International Law Views Their Violation
Ceasefire agreements are important tools in both international and internal armed conflicts. These agreements act as the first step towards stopping violence and eventually achieving peace. Though they don’t carry strong legal consequences on their own, they set the ground rules for hostilities and managing the period between war and peace. Let’s take a closer look at what these agreements typically include and how international law deals with their violations.
Key Elements of a Ceasefire Agreement
Ceasefire agreements are structured documents that outline several crucial aspects of how combatant parties should behave once any warfare stops. These include:
1. When the Ceasefire Begins:
One of the first things a ceasefire agreement clearly states is the exact date and time it will come into effect. This helps both sides to prepare and avoid misunderstandings that could lead to further violence.
2. Acts That Are Not Allowed:
The agreement also lists the actions that are banned during the ceasefire.
- Military actions: This includes any kind of armed violence or attacks.
- Non-military actions: This might include making threats, spreading hostile propaganda, or creating fear among the opposing side.
3. Physical Separation of Armed Forces:
To avoid further clashes, ceasefire agreements often require separating the opposing forces. This might be done by marking a line called a ceasefire line, or by creating buffer zones. Safe areas where neither side is allowed to operate. This separation helps prevent accidental or intentional breaking of the peace.
4. Monitoring and Supervision:
Ceasefires don’t just rely on trust , they often include measures for checking that the agreement is being followed. Monitoring can be done by regular checks and maintaining a balance between the other. Ensuring that peace is being restored in the Line of Control or Border areas.
What Happens If a Ceasefire Is Broken?
Interestingly, international law doesn’t treat a ceasefire or its violation as a major legal event by itself. These agreements are more of a political and practical step towards peace, rather than legally binding contracts. Even so, international law especially humanitarian law, continues to focus on two things during conflicts:
Limiting the use of violence: Protecting civilians
Rules Under the Hague Regulations (1910): The rules that guide what should happen when a ceasefire is violated come from the Regulations Respecting the Law and Customs of War on Land, commonly known as the Hague Regulations, written in 1910.
Here are the most important articles:
- Article 36: If a ceasefire or armistice doesn’t say how long it will last, then either side can restart fighting, as long as they give advance warning within the time agreed upon.
- Article 40: If one side commits a serious violation of the ceasefire, the other side has the right to officially cancel it. In emergencies, they can even resume fighting right away.
- Article 41: If individuals who are not officially part of the military (private persons) break the ceasefire terms on their own, the country they belong to must either punish them or pay compensation to the injured side.
Ceasefire agreements serve as a temporary solution to stop fighting and start building peace. While they may not carry strong legal evidence on their own, they are crucial for saving lives, protecting civilians, and opening the door to long-term solutions. The rules laid out in international law provide guidance on how to handle breaches, but ultimately, the success of a ceasefire depends on the willingness of all parties to honour the commitments they’ve made.
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