These resolutions require compliance from all states on controlling the activities of terrorists. Member states are required under resolution 1373 to report regularly to the Counter-Terrorism Committee about their actions to bring their national legislation into conformity with international requirements, to monitor the movements of suspected terrorists, arms transfers and financial flows to terrorist organizations. Resolution 1624 obliges states to pass laws forbidding incitement to commit acts of terror and to report such incitement to the committee. As it happens, since 1 January 2011, it is India that chairs the Counter-Terrorism Committee, for two years. The possibilities of using more fully the mechanisms afforded by the United Nations remain to be explored.
New Delhi could make it plain to Islamabad that, unless there is genuine and sustained cooperation on bringing the 26/11 plotters to book, we will not hesitate to use the international mechanisms available to us to ask Pakistan awkward questions, and to bring the weight of the international community to bear on the issue of Pakistan’s failure to meet its international obligations. There are fair questions to be asked about the prosecution of suspected terrorists under custody and the lack of efforts to apprehend their remaining comrades; the failure to take any steps whatsoever to trace the handlers of the 26/11 killers, especially the chilling voice recorded on tape that exhorted the terrorists to kill their hostages; the open incitement to terror preached by the likes of Hafiz Saeed in open defiance of resolution 1624; and the survival, indeed flourishing, on Pakistani soil of proscribed organizations like the Jamaat-ud-Dawa, with burgeoning bank accounts receiving and disbursing funds. Should the answers not prove satisfactory, the next step to consider would be whether to hold Pakistan in non-compliance with the relevant Security Council resolutions, which in turn would lay the ground for selective sanctions — for example on the foreign travel of specific military leaders — in a bid to exact compliance.
Many fear that, if after a few token moves Pakistan lets things return to normal, the world may be forced to admit its own impotence. But we should not be too quick to surrender in the face of the continued intransigence of the killers of innocent civilians. The threat of sanctions could specifically target the Pakistani military, including a ban on the sale of weapons and the provision of any further military assistance to it. The UN could also be required to exclude the Pakistani Army from future peacekeeping operations, a vital source of both prestige and lucre for Islamabad’s military. The world is far from running out of ideas to bring Pakistan’s errant generals to heel.
Of course, such an approach should only be pursued when India judges that there is no prospect of voluntary compliance by Pakistan with the minimum desiderata for peaceful relations on the subcontinent. As these words are written, in early 2012, the atmosphere between the two countries is warming, and there is hope that resort to the drastic measures suggested above may not be necessary.
But if the pressure is not maintained, and if Pakistan is allowed to believe that, with the passage of time, Mumbai will have been forgotten and Islamabad will be off the hook, the consequences would be calamitous, not just for India but also for the world. It would have a chilling result: as long as a military-dominated Pakistan continues, willingly or helplessly, to harbour the perpetrators of Islamist terror, what happened in Mumbai could happen again. Next time, it could be somewhere else.
Of course, exercising the UN option will not be easy. It will require the cooperation of other countries, many of which have shown a propensity to look the other way as Pakistan has misbehaved on terrorism, and it will require us to expend a great deal of diplomatic energy to assemble the necessary majority on the Counter-Terrorism Committee. But the option exists; and if we do not wish to allow Pakistan to believe it can get away with whatever it wishes, and to act as if it can shrug off its complicity in the 26/11 attacks with impunity, we need to remind them that the option exists. A truly comprehensive dialogue is one place where we can make that message clear.
So yes, by all means, let us talk to Pakistan. It is what we say when we talk that will make all the difference.
Pursuing Pakistan at the United Nations may seem a drastic step to propose. But what is dismaying is that all India has asked for from Pakistan is two very simple things: to take action to bring the perpetrators of 26/11 to justice and to take steps to dismantle the infrastructure of terror built up over the last twenty years, from which so many attacks have been launched on our country. This would involve closing down the training camps, genuinely banning these organizations (and not just letting them reinvent themselves under other labels, of which the Arabic language seems to offer an inexhaustible profusion), really closing their bank accounts (again, instead of letting them be reopened under other names) and arresting known inciters of hatred and violence like Hafiz Muhammad Saeed. If these things are done, as Prime Minister Singh said in Parliament — which, in a political system like India’s, is tantamount to a sacred oath — we will meet them more than halfway. But that first step has not been forthcoming.
The irony is that, as long as Manmohan Singh remains in office, Pakistan has in New Delhi the most peace-minded Indian prime minister that Islamabad could ever hope for. And yet they have failed to give him enough for him to be able to move forward, and march, as he manifestly wishes to, in the direction of amity. Instead, India has been faced with the extraordinary acquittal of Hafiz Muhammad Saeed, the result of a very feeble case mounted by the reluctant government in Islamabad, with the judge concluding that the UN Security Council’s banning of Jamaat-ud-Dawa has no validity in Pakistan, and that therefore its leader is free, because the organization is not banned. For a high court in a United Nations member state to cock a snook when the Security Council proscribes an organization that is guilty of terrorist actions, and for the Pakistani legal system, apparently with no particular countervailing pressure from the civilian government, to say, in effect, that Pakistan doesn’t really take this requirement very seriously, is mind-boggling.
The two countries even had a bilateral agreement before 26/11, which established a joint working group on terrorism, meant to be a mechanism for information sharing. Not one useful piece of information came India’s way on that joint working group. The terrorists came from the other side of the border, but not the information. India’s experience merely confirmed that such mechanisms will only work where there is genuine goodwill, where there is no mistrust, where there is a basic understanding and cooperation. Where those ingredients are missing, it becomes impossible for Indians of good faith to rely on a duplicitous Pakistan.
This is why I fear there is as yet no substitute for exacting compliance with the existing international requirements. Security Council resolution 1373 is a very good example. It has very specific requirements — freezing financial transfers, intercepting arms flows, reporting on the movements of suspected terrorists. India has been very proud of the fact that it has been in full compliance with the resolution’s requirements, and it has submitted complete reports to the Counter-Terrorism Committee. How can the world say that one country, Pakistan, will get a free pass on these obligations, and then be taken seriously?