Kashmir is, undoubtedly, the flashpoint between India and Pakistan – a nuclear one. Therefore, the global community needs to be on her toes in the aftermath of India’s reckless decision of revoking Articles 370 and 35 A of its constitution. Pakistan’s political leadership, like almost every Kashmiri politician, sees the move as an Indian attempt to change the demographics of the disputed territory.

India’s actions are, however, an attempt to erase this history and make it akin to the type of settlement and the type of antagonism and coloniality that the Israel/Palestine conflict present. How is it then different from Israel’s illegal settlements in Palestinian territory that contravene fundamental rules of international humanitarian law? Is it not the most appropriate moment for the United Nations to reconsider Kashmir an international dispute rather than a one that India and Pakistan should solve through peaceful means? Considering the constitutional belligerence of the Indian government, Pakistan has no other option but to take up the issue to the United Nations (UN) and its subsequent bodies like International Court of Justice (ICJ).

The government of Pakistan has decided to fight the Kashmir issue on an international forum? However, bringing the matter before the International Court of Justice (ICJ) may not be the best decision. Pakistan needs to do a lot of homework in this regard. The government needs to deliberate on the pros and cons of its decision thoroughly. Merely, hiring the most qualified legal experts for fighting Pakistan’s case in the ICJ may not do the trick.

Clearly, India will dispute taking up of Kashmir issue before ICJ. This means India will not agree with Pakistan on taking up the issue to ICJ. In that case, even if ICJ takes up the issue, its decision will not be binding. The decision will be advisory. And if naming and shaming is the motive of Pakistan’s government, it is better not to waste energies on naming and shaming India.

What other options does Pakistan have then if taking up the matter to ICJ is not the best of the choices? Pakistan needs to engage in intense international lobbying on Kashmir. The first thing that the government of Pakistan should do is to create a consensus among the permanent members of the United Nations Security Council (UNSC) that after India’s revocation of the articles mentioned above the nature of Kashmir dispute has once again changed. The Indian move is a unilateral one and a reason to go to war with India over Kashmir. Therefore, the UNSC needs to rethink Kashmir as an international issue.