Eroding borders: How modern conflicts challenge territorial integrity

Since the Treaty of Westphalia in CE 1648, the international legal system has been built on a simple principle that states possess exclusive authority over their territory and population.

- PROF. ABHINAV MEHROTRA & DR. BISWANATH GUPTA

This principle, enshrined in the United Nations Charter of 1945, guarantees that borders are inviolable and no other state may interfere in another country’s internal affairs. Articles 2(1) and 2(4) of the UN Charter explicitly upholds the sovereignty and equality of all states, prohibiting the threat or use of force against the territorial integrity or political independence of a country. Article 51 further protects the right of self-defense if a state faces armed aggression.

Yet, in the modern changing geopolitical landscape, these rules are being repeatedly violated. The rise of non-state actors, cross-border terrorism, are reshaping how countries interpret sovereignty. Recent developments in South Asia and Latin America manifest this shift, as states increasingly use unilateral or extraterritorial use of force under the garb of maintaining their internal security.

‘The border between Pakistan and Afghanistan, long known as the Durand Line, has been a matter of dispute as Pakistan has accused Afghanistan of providing safe havens to militant groups, particularly the Tehreek-e-Taliban Pakistan (TTP), which has carried out deadly attacks inside Pakistani territory. Islamabad’s response has been increasingly aggressive. Pakistan's military has conducted airstrikes and other operations deep inside Afghan territory, targeting what it claims are militant bases.