The ‘unable or unwilling’ test allows a state to lawfully use force against non-state actors who are present in another state which is unable or unwilling to suppress the threat posed by the non-state actors. In this post, Ahmad Ammar and Arkaprava Dass seek to establish the test as fundamentally antithetical to Article 51 of the UN Charter pertaining to the use of force, and offer options to minimise collateral damage for both host and victim state. The article finds its premise in the Balakot Air Strikes of February 2019, wherein the Indian Air Force had targeted the training camps of a terror group based in Pakistan. Continue reading Host State, Victim State: Problematising the ‘Unable/Unwilling’ Test

In the latest post, Yash Vardhan Aggarwal throws light on how in the wake of the Pulwama terror attack, India’s next step should be to internationally isolate Pakistan as a state-sponsor for terrorism. He further elucidates how India now has to right under international law to sever diplomatic ties with Pakistan and impose economic sanctions. Continue reading India has the Right under International Law to Sever Diplomatic Ties with Pakistan