STATEMENT OF FACTS

India and Pakistan are neighboring countries. Both are democratic countries but not sharing smooth and peaceful relations with each other. The major issue of contention between them is the possession of Jammu and Kashmir province in India. In pursuance to their objective they are actively engaged in express and implied wars. On 26 November, 2006 10 persons with heavy arms and ammunition entered Mumbai through the coast of Gateway of India. On the same day at around 6 p.m. they took control of the strategic locations of the hotel and started firing on the innocent tourists lodged in the hotel. The indiscriminate firing took 35 lives and many got critically injured. They were in direct touch through their mobiles with the foreign militants who were controlling the whole terrorist attacks. During this operation they were in direct touch with their bosses. In fact they were guiding the actions to be taken by the terrorists. Indian government employed its special task forces to do the operation to wipe out these terrorists. However during the fight between them all terrorists died except one. The terrorist recognized himself as Kasab was interrogated by the police and revealed that he is resident of Pakistan occupied Kashmir. He told during the interrogation that he and other terrorists were selected from various parts of Pakistan occupied Kashmir and trained for 6 months by the terrorists groups (Al-Qaida and Laskare Taiba) and ISI of Pakistan in PoK. They were sent through the sea route to cause maximum damage to City Mumbai. The forensic experts with help of the mobile operators could take the details of the conversations. This evidence proved beyond doubt that it is a case of conspiracy against India by the terrorist groups functional at Pakistan occupied Kashmir. India asked Pakistan to close their terrorist camps functional at PoK as they are the enemy of humanity and hand over (extradite) the terrorists responsible for Mumbai incident to India. It requested Pakistan not to use their territory to propagate conspiracy against India. It also provided them the name list of 20 terrorists who have conspired against India in past and now on the Pakistan soil. Pakistan refused to hand over the terrorists to India and claimed that extradition of political criminals is not possible. It also responded that they don't have any functional terrorist camp in Pakistan occupied Kashmir. Not finding the positive response India ordered the Army to take proper action to dismantle the camps. Indian Air Force took prompt action and their Jet and Jaguar fired and destroyed the 20 odd camps as per their information. During this operation some 25 civilians also died. Pakistan approached United Nations for help and asked to mediate and control the situation. Further it took matter to the International Court of Justice.

ARGUMENTS

1.) WHETHER ICJ HAS THE JURIDICTIOIN TO TRY THE CASE?

This is a bilateral issue Bilateralismconsists of the political, economic, or cultural relations between twosovereign states. It is in contrast tounilateralismormultilateralism, which refers to the conduct of diplomacy by a single state or multiple states, respectively. When states recognize one another assovereign statesand agree to develop diplomatic relations, they exchange diplomatic agents such as ambassadors to facilitate dialogues and cooperation that will be exchanged. It is an agreement that is affecting or undertaken by two parties; a mutual agreement. As this issue is bilateral issue it best solve with bilateralism by talking between the two parties by negotiating without the any external interference.

Many relationship discussions summits had already done between India and Pakistan in past from 1947 after the partition of India and Pakistan and many such discussion had already done between two countries on many issues in past and proved very fruitful the main issue is of Kashmir and 3 wars had also taken place for that issue so the possible remedy for current issue between India and Pakistan will only be claimed by proper agreement of sanctions.

The competency of international court of justice only allows it to declare who is the aggressor and can only pass judgement when both the party have consent to move to international court of justice as in current case India doesnt give its consent to move to international court of justice its judgement will not be of binding nature.

It is very futile to move to international court of justice as it will only declare who is the aggressor and no other claim remedy for any of the party as both have not given consents to move to international court of justice so its better to resolve the issue bilaterally negotiating between both the parties.

2.) WETHER PAKISTAN IS SPONCERING TERRORISM IN INDIA?

This question is raised when the Kasab who is terrorist arrested alive after terrorist attack in Mumbai give information about the suspicious working of ISI by providing weapons, providing training to terrorists and helping them. TheDirectorate for Inter-Services Intelligence(more commonly known as just theInter-Services Intelligenceor simply by its initialsISI) is the premierintelligence serviceofPakistan, operationally responsible for providing criticalnational securityand intelligence assessment to theGovernment of Pakistan. TheISIis the largest of the threeintelligence servicesof Pakistan, the others being theIntelligence Bureau(IB) andMilitary Intelligence(MI). Previously in the 20th century, the ISI's work and activities have included the support of theAfghanmujahideenin then-communist Afghanistanagainst theSoviet Unionintheir waragainst the mujahideen (in conjunction with theCentral Intelligence Agency) and later provided strategic and intelligence support to the Afghan Taliban against theNorthern Alliancein thecivil warin Afghanistan in the 1990s.

Terrorist Kasab arrested for terrorist attack in Mumbai provided information about the terrorist base camps in Pakistan occupied Kashmir also confessed that ISI and many politicians of Pakistan helping terrorists by funding and providing them with latest weapons and training them with new techniques of attack and all other facilities and modern technology. This involvement of Pakistans intelligence ISI shows that Pakistan government is liable for the Mumbai attack on the basis of principle of master and agent liability. As ISI is the agency of Pakistans government so, Pakistans government is liable for terrorist attack of Mumbai because ISI funded and trained the terrorist for Mumbais attack.

It is finally concluded that the ISI did this with the authority of its principle i.e. Pakistan government as all the funding to ISI is provided by Pakistans government and ISI using such funds in providing training to the terrorists and funding them to buy weapons this shows that Pakistan government doing suspicious activities by sponsoring the terrorist base camps to revoke peace.

3.) WHETHER INDIA IS JUSTIFIED IN DISTROYING 20 TERRORIST CAMPS?

The terrorist camps in Pakistan occupied Kashmir destroyed from bombarding by Indian army aircrafts is justified because they were situated in Pakistan occupied Kashmir and it is official the territory of India till now Pakistan doesnt add that occupied part of Kashmir in its constitution so officially the area of Kashmir occupied by Pakistan is of India and India can attack in its own territory where it found any suspicious activities taking place which if not be stopped may revoke peace of the nation and the camps destroyed by Indian army aircrafts were terrorist camps as confessed by the terrorist of Mumbai attack Kasab and after getting full information about that camps whether they are terrorist camps or not when confirmation of being that camps the terrorist camps by Indian government they ordered to bombarded and destroy the terrorist camps in order to stop the suspicious activity which harms the peace of nation. To maintain peace in nation and stop any feather loss of lives of innocent citizens of nation India destroyed the terrorist camps.

India have regret of those 25 civilians died from this operation of India but that is to be set aside by considering the law of proportionality which is a general principle in law which covers several special (although related) concepts. The concept of proportionality is used as a criterion of fairness and justice instatutory interpretationprocesses, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. Withincriminal law, it is used to convey the idea that the punishment of an offender should fit the crime. Underinternational humanitarian lawgoverning thelegal use of forcein anarmed conflict,proportionalityanddistinctionare important factors in assessingmilitary necessity. Consider if one terrorist group did so much harm and took so many innocent lives how much harm the terrorists will cause which were present in that terrorist which were destroyed how many more innocent citizens have to give their lives which will disturbs the peace of the nation too hence India is justified in destroying 20 terrorist camps and about those 25 civilians who were died from this bombarding what were they doing in terrorist camps if they were normal civilians?

Prayer

In light of the arguments advanced and authorities cited, it is humbly and respectfully prayed before the Court, that it may be pleased to adjudge and declare that; Pakistan has committed an act of aggression and has violated its international obligations. Pakistan was involved sponsoring terrorists against India. India was justified for the eliminating of the terrorist camps in Pakistan occupied Kashmir