THE HAGUE: The Permanent Court of Arbitration (PCA) has ruled that India’s unilateral decision to suspend the Indus Waters Treaty and restrict the role of the arbitration court is not legally valid.
The court emphasized that such actions do not affect its authority to proceed with dispute resolution under the treaty. In its ruling, the PCA clarified that the suspension of the treaty by one party does not undermine the court’s jurisdiction.
“The arbitration process will not be halted by the unilateral actions of either side,” the court stated, reinforcing that the Indus Waters Treaty remains binding unless both India and Pakistan mutually agree otherwise.
The court reviewed the treaty in detail and concluded that it contains no provision for unilateral suspension. As per the ruling, the treaty will continue to apply to both parties unless suspended through a mutual decision.
Importantly, the court held that no party can unilaterally stop the arbitration process, and doing so violates the essential dispute resolution mechanisms enshrined in the treaty. It reaffirmed that the court will continue to play its role in a responsible, impartial, and effective manner.
Pakistan welcomes decision
The government of Pakistan welcomed the ruling, describing it as a positive step and a rejection of India’s illegal attempt to suspend the treaty. The government emphasized that Prime Minister Shehbaz Sharif has a clear stance on peaceful resolution of all outstanding issues with India, including Jammu and Kashmir, water disputes, trade, and terrorism, through meaningful dialogue.
According to Pakistan, the PCA’s decision underscores the importance of its role in upholding international agreements and ensuring justice in treaty-related disputes.
Pakistan had approached the PCA in 2016, challenging India’s construction of illegal water reservoirs on the western rivers in violation of the treaty. India later attempted to suspend the arbitration process and unilaterally declared the treaty void.
Tensions escalated further in April this year when a terrorist attack in Pahalgam, Indian-occupied Kashmir, resulted in 26 deaths. India, without evidence, blamed Pakistan and subsequently announced the suspension of the Indus Waters Treaty – a move now deemed illegitimate by the arbitration court.
The Indus Waters Treaty, brokered by the World Bank in 1960, is a landmark water-sharing agreement between India and Pakistan. According to international law, neither country can amend or withdraw from the treaty without mutual consent.
