An explainer on the legal background of Jammu and Kashmir, the mechanics through which the Indian government acted, and the open questions around the government’s legal reasoning and likely next steps.
Laya Maheshwari is a J.D. student at Harvard Law School. He has previously worked as a journalist and published in The New York Times, The Washington Post, and The Los Angeles Times, among others.
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India’s statement raises questions of whether a state has a right to self-defense against a nonstate actor when the latter’s conduct has not been attributed to another state, what qualifies as an “imminent” armed attack, and whether India is endorsing the unable-or-unwilling test.