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 Bilateralism consists of the political, economic, or
cultural relations between two sovereign states. It is in contrast
to unilateralism or multilateralism, which refers to the conduct of diplomacy
by a single state or multiple states, respectively. When states recognize one
another as sovereign states and 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.
The Directorate for Inter-Services Intelligence (more commonly known as
just the Inter-Services Intelligence or simply by its initials ISI) is the
premier intelligence service of Pakistan, operationally responsible for
providing critical national security and intelligence assessment to
the Government of Pakistan. The ISI is the largest of the three intelligence
services of Pakistan, the others being the Intelligence Bureau (IB)
and Military Intelligence (MI). Previously in the 20th century, the ISI's work
and activities have included the support of the Afghan mujahideen in thencommunist Afghanistan against the Soviet Union in their war against the
mujahideen (in conjunction with the Central Intelligence Agency) and later
provided strategic and intelligence support to the Afghan Taliban against
the Northern Alliance in the civil war in 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 in statutory interpretation processes, 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. Within criminal law, it is used to convey the
idea that the punishment of an offender should fit the crime.
Under international humanitarian law governing the legal use of force in
an armed conflict, proportionality and distinction are important factors in
assessing military 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