Int’l embarrassment for India as Arbitration Court orders to uphold Indus Waters Treaty

ISLAMABAD, Aug 31 (APP): In a significant diplomatic and legal victory for Pakistan, the Permanent Court of Arbitration (PCA) at The Hague on Monday rejected India’s unilateral and illegal attempt to place the Indus Waters Treaty of 1960 in “abeyance,” ruling unanimously that the treaty remains fully in force.

The Court of Arbitration delivered its decisive Award on Treaty Status alongside a binding Order on Interim Measures, delivering a direct blow to New Delhi’s coercive water aggression.

The PCA ruled that India remains strictly bound by its international obligations and cannot unilaterally escape the treaty.

Following an attack in the Indian Illegally Occupied Jammu and Kashmir in April 2025, India unilaterally declared the Indus Waters Treaty in “abeyance” until Pakistan met its political conditions.

However, the PCA thoroughly dismantled New Delhi’s arguments, ruling that the term “abeyance” carries no technical or legal weight under international law.

The tribunal concluded that India had no legal grounds under treaty law or customary international law—including claims of sovereignty, allegations of cross-border terrorism, or fundamental changes in circumstances—to unilaterally suspend or terminate the treaty.

The Court firmly reasserted the fundamental principle of pacta sunt servanda (agreements must be kept), emphasizing that India cannot bypass its binding commitments.

The PCA unanimously issued a binding Order on Interim Measures restraining Indian construction at the disputed Ratle Hydro-Electric Plant (RHEP). The Court barred India from concreting the RHEP dam wall and power intake structure above specified levels.

“India must observe its obligations under the Treaty, including those ‌relating ⁠to the design and operation of its hydro-electric projects on the Western Rivers,” the court said.

This legal prohibition remains in force until 90 days after the Neutral Expert delivers a final determination on whether the design complies with the treaty. The Court also ordered India to submit regular reporting on its construction schedules to ensure compliance and transparency.

The Court’s ruling invalidates India’s boycotts and unilateral maneuvers, re-establishing that India must strictly respect Pakistan’s rights over the Western Rivers and operate within the lawful mechanisms of the Indus Waters Treaty.