Home > and Tomorrow > Does Pakistan have the legal right to cut NATO/American supply lines to Afghanistan?

Does Pakistan have the legal right to cut NATO/American supply lines to Afghanistan?

The Headline in Al Arabiya News dated January 15, 2012 (see below)

Pakistan says NATO blockade could last for weeks, denies peace talks with Taliban

got me to thinking about whether Pakistan has the right to impose such a blockade in the first place.  Although some may think the answer self-evident, I would suggest that the answer might not be quite as obvious as it first appears.  It all depends on whether Pakistan recognizes the Durand Line, and the treaty which proclaimed it, or not.  Up to this point, Pakistan has looked to the treaty as documentation to support its border claims over Afghanistan regarding certain disputed territory, but perhaps it now wishes to change its point of view.  In the same treaty establishing the Durand Line one finds the following:

“Being fully satisfied of His Highness’s goodwill to the British Government, and wishing to see Afghanistan independent and strong, the Government of India will raise no objection to the purchase and import by His Highness of munitions of war, and they will themselves grant him some help in this respect. “

I’m just not sure if blockading supplies really meets the terms of the agreement.

 

 

 

This article was previously posted elsewhere and is being reposted here as I attempt to consolidate all my posts on the subject of Pakistan in one location.

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  1. aking1
    February 6, 2012 at 5:02 pm

    It seems like Paskistan’s position with the Af-Pak region has been up and down depending on whether or not the Durand Line benefited Pakistani aims. I know one issue is the question of ethnic employment in the region which is trying to be addressed by the Reconstruction Opportunity Zones bill in the US congress, but the question of the Durand Line and it’s validity still hasn’t reached international litigation. I know as far as Afghanistan is concerned, the line is not recognized exclusively.

    • February 7, 2012 at 3:31 pm

      Thanks for your comment.

      From what I understand Afghanistan has never agreed to the Durand Line, while Pakistan uses it as the defacto border and the treaty as its foundation. I just thought I’d mention they might also consider that abrogating the treaty in one area, might not help their case in another.

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