Date:07/01/2009 URL: http://www.thehindu.com/2009/01/07/stories/2009010757891200.htm

National

International law binds Pakistan to cooperate: judge

J.S. Ifthekhar

HYDERABAD: “Though India has no extradition treaty with Pakistan, the latter is duty bound to cooperate as per international law in respect of the Mumbai terrorist attack. The doctrine of ‘non state actors’ does not absolve Pakistan of this good faith obligation,” said P. Chandrasekhara Rao, Judge, International Tribunal for the Law of the Sea, Hamburg, Germany.

Under international law, a formal treaty is not required for seeking extradition in certain category of offences such as hijacking, piracy and acts of terrorism. “All states are expected to extend cooperation to each other,” Mr. Rao told The Hindu here on Monday.

The docket of evidence collected by India showed the hand of not just non-state actors but also state actors. An operation of this magnitude could not have taken place without the connivance of official agencies. “India can seek reparation for losses suffered,” said Mr. Rao, who was recently re-nominated to the International Tribunal.

The denial game being played continuously by Pakistan had no meaning when its former Prime Minister, Nawaz Sharif, and its media confirmed the Faridkot connections of Mohammed Ajmal Amir, the lone terrorist in custody. The argument that Pakistan too was a victim of terrorism and would deal with the terrorists in its own way was not valid. It had to hand over the ‘masterminds’ behind the 26/11 incident.

“India can seek curbs”

“Failure to comply with the international law will lead to state responsibility. India can approach the U.N. and seek imposition of economic sanctions and sever diplomatic ties with Pakistan,” Mr. Rao said.

He sees no purpose being served in India alone approaching the international court as the latter had no compulsory jurisdiction unlike domestic courts. Was a country entitled to seek relief through military action? “The state practice is not yet clear on this subject,” he says.

Mr. Rao wants India to share the evidence with friendly countries such as Iran and Saudi Arabia and exert diplomatic pressure. “Pakistan will not be able to dismiss the material as non-actionable.”