Act of War: What India’s latest warning to Pakistan means under international law

As tensions continue to rise between India and Pakistan, New Delhi has hardened its stance by declaring that any future act of terror will be treated as an act of war. This significant shift comes amid a series of drone and missile attacks from across the border, which the Ministry of External Affairs (MEA) has labelled as “escalatory.”

What qualifies as an "act of war" under international law?

In international law, an “act of war” generally refers to an action by one state against another that involves the use of armed force or aggression, typically marking the start of open hostilities. While the United Nations Charter does not offer a precise definition of the term, it does lay down clear rules regarding the use of force.

According to Article 2(4) of the UN Charter, member states are prohibited from using force against the territorial integrity or political independence of another state. However, Article 51 permits the use of force in self-defence if an armed attack occurs or if the action is authorised by the UN Security Council.

Therefore, when a nation declares a hostile action by another country as an “act of war,” it signals that it may now respond with military force or self-defence, as permitted under international law.

India’s position: Terror = Act of War

Government sources on Friday confirmed that India will now view any future terrorist attack as an act of war and will respond accordingly. The announcement reflects a clear escalation in India's posture, especially in the wake of recent Pakistani military activity.

Speaking earlier in the day, Foreign Secretary Vikram Misri said, “Pakistan's actions have constituted provocation and escalation. In response, India has defended and reacted in a responsible and measured fashion to these provocations and these escalations by the Pakistani side.”

The statement follows two days of attempted missile and drone attacks on Indian cities and military facilities, which India successfully intercepted.