Tuesday, June 10, 2025

The notion of an inherent "right to exist" in regards to Pakistan, India, and Israel

Pakistan is a Moslem country and India is a primary Hindu nation how is their the notion of an inherent "right to exist" different from that regarding Israel?

While the concept of a state's "right to exist" isn't explicitly codified in international law as a standalone right for any state, the circumstances of their formation and the subsequent international acceptance lead to different political and legal realities concerning their existence.

Here's how the situations of Pakistan, India, and Israel differ in terms of the "notion of an inherent right to exist":

India and Pakistan: Basis of Formation: 

India and Pakistan were formed in 1947 through the partition of British India upon its independence. 

This was a direct result of British colonial policy and the culmination of decades of independence movements, particularly the demand for a separate Muslim homeland (Pakistan) due to fears of Hindu majority dominance in a united India.

Self-Determination of Existing Communities: 

Their formation was largely seen as an act of self-determination for the Hindu-majority population of India and the Muslim-majority population of Pakistan (though with massive displacement and violence). 

The legitimacy of their existence stems from this decolonization process and the immediate, widespread international recognition as sovereign states.

Lack of Fundamental Challenge to Existence: 

While India and Pakistan have a deeply contentious relationship, marked by wars and ongoing disputes (especially over Kashmir), the fundamental right of either state to exist is generally not questioned by the international community as a whole. 

Their borders and sovereignty are recognized, and disputes revolve around territory and specific policies, not the legitimacy of their statehood itself. 

Even when relations are at their worst, the idea of one nation ceasing to exist is not typically part of the mainstream international discourse or a stated aim of either government (though some extremist elements might hold such views).

Israel: Basis of Formation: 

Israel's formation in 1948 was also rooted in a form of self-determination – that of the Jewish people to establish a national home in their ancestral land, Zionism. 

However, unlike India and Pakistan, it emerged from the British Mandate for Palestine, a territory also claimed by the Arab Palestinian population who also sought self-determination.

International Mandate and UN Resolution: 

Key to Israel's legal argument for its existence are the Balfour Declaration, the League of Nations Mandate for Palestine (which explicitly recognized the historical connection of the Jewish people to the land and the grounds for reconstituting their national home), and the 1947 UN Partition Plan (Resolution 181). The Partition Plan recommended the creation of both a Jewish and an Arab state. While the Jewish leadership accepted the plan, the Arab states and Palestinian leadership rejected it, leading to the 1948 Arab-Israeli War.

Contested Legitimacy from Neighboring States: 

Unlike India and Pakistan, Israel's very "right to exist" has been systematically denied by a significant number of its immediate neighbors and some other nations for decades. This denial often stems from the narrative that Israel's creation involved the displacement of Palestinians and the perceived injustice of a Jewish state being established on land also claimed by Arabs. While some Arab states have since recognized Israel (Egypt, Jordan, UAE, Bahrain, Sudan, Morocco), the foundational challenge to its legitimacy persists from many others and from significant portions of Palestinian society.

"Right to Exist" as a Political Assertion: For Israel, the assertion of its "right to exist" is not just a legal formality but a critical political and security statement. It is a demand for acceptance of its fundamental legitimacy as a sovereign nation-state of the Jewish people, especially in the face of movements and ideologies that seek its dissolution. This makes the "right to exist" a more highly charged and frequently invoked concept in the Israeli context than it is for India or Pakistan.

Key Differences Summarized:

Acceptance by Neighbors: India and Pakistan, despite their conflicts, generally accept each other's statehood. Israel, for many decades, faced fundamental rejection of its existence by a large bloc of its neighbors and the wider Arab/Muslim world.

Narrative of Formation: 

While all three involved complex historical processes and often violent partitions, the narrative surrounding Israel's formation is heavily intertwined with the ongoing Palestinian national aspirations, leading to a direct clash over land and legitimacy that doesn't exist in the same way between India and Pakistan.

Political vs. Legal Emphasis: 

For India and Pakistan, their existence is a given, legally and politically.

For Israel, while legally established and recognized by many, its "right to exist" remains a prominent political assertion due to continuous challenges to its fundamental legitimacy by some actors.

In essence, while the legal framework for statehood (sovereignty, recognition, territorial integrity) applies to all three, the political and historical context of their formation and subsequent relations means that the "notion of an inherent 'right to exist'" plays out very differently. For Israel, it's a constant affirmation against denial, whereas for India and Pakistan, it's an accepted premise, even amidst severe bilateral disputes.

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