There is no explicit legal clause for the abrogation or suspension of Indus Water Treaty-1960 (IWT-1960) by any party to the agreement, nor there exist any explicit clause for the exit from treaty or its part (s) by any party.
Besides, Clause 12 of the Treaty explained perpetuity of the Treaty; it shall remain in force until modified or terminated by both parties to the treaty.
Nevertheless, if mutually agreed-upon by both India and Pakistan to amend it or a new treaty is signed and ratified by both governments for the purpose of termination.
Key explanations of this clause (12) include; a) a mutual agreement is needed between India and Pakistan for the termination of the treaty, b) any termination or modification must be formalized through a separate, duly ratified treaty, c) there is no unilateral suspension or termination of the treaty, d) under any condition it cannot be unilaterally suspended, modified and terminated.
Since is no such clause in IWT-1960, for the suspension/ termination therefore, Indian unilateral Act of suspending IWT-1960 is totally illegal; against the essence of the Treaty itself, against the international water laws, UN Charter and against International Law.
The key principle of international law of water is: “each riparian state has the right to a reasonable and equitable share of the river’s water”.
It is further secured to cooperate and protect the river’s ecological system.
India has always violated all these laws and principles.
On April 23, 2025, India suspended IWT-1960 to reflect its hegemony and power in South Asia while quoting "sustained cross-border terrorism by Pakistan".
This is quite funny that, a state which itself is sponsoring terrorism in Pakistan for decades, accusing the victim state (Pakistan) and also stopping its water.
Indian Government has also referred Article 62 of the Vienna Convention on the Law of Treaties for suspension of IWT-1960 which is quite absurd and nonsense.
This Article says: “A fundamental change of circumstances which has occurred with regard to those existing at the time of the conclusion of a treaty, and which was not foreseen by the parties, may not be invoked as a ground for terminating or withdrawing from the treaty unless: (a) The existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty; and (b) The effect of the change is radically to transform the extent of obligations still to be performed under the treaty.”
All the sub-parts of this Article negate the Indian unilateral Act of suspension of IWT-1960.
Then the treaty has its own clauses for its continuation under any circumstance including hostility and wars which it withstood in the past.
In case of any change in the circumstances, the treaty has its own inbuilt mechanism for negotiated modifications.
In last five years, India has constantly been making all efforts to trap Pakistan for its renegotiations and modification as per Indian designs which later refused.
The current action of India after its false flag operation at Pahalgam in IIOJK is quite illegal and illogical from all perspectives.
The experts of international relations analyzed that, this suspension is a barging chip of India for the renegotiating the treaty, as India has been constantly asking for in last few years.
“The suspension also serves as a way for India to gain leverage in future negotiations about the treaty's terms.
India has been pushing for a review of the treaty, citing changing needs and circumstances, and the suspension may be a way to force Pakistan to engage in these renegotiations”.
In last two years, India has severed four notices about the renegotiations over IWT-1960 to Pakistan and also stopped sharing the data and information about water in three western rivers, whose water is exclusively meant for Pakistan.
In February 2022, Dr.Daniel Haines, an associate professor from University of Bristol, United Kingdom suggested Pakistan, not to renegotiate the Indus Water Treaty-1960.
He said that, “Renegotiating or repealing the Indus Waters Treaty would be very risky unless the context of India-Pakistan relations changes radically.”
In the opinions of many Pakistani well-wishers and experts of India-Pakistan relations as well as experts of water (especially IWT-1960) Dr Daniel’s proposal was very relevant and timely.
Unfortunately, there has been no positive change in the bilateral relationship of Pakistan in recent years.
Both view each other with lot of skepticism and pessimism on various accounts; mainly because of their internal power dynamics and regional hegemonic designs of India.
Otherwise, there has never been cordiality in their bilateral relationship ever since the decolonization of Sub-continent and partition in 1947.
The same situation exits even today, which means there are no new circumstances prevailing between India and Pakistan except continued water manipulation by Indian from western rivers.
It took over one decade to negotiate and agree upon the Indus Water Treaty-1960 where World Bank played a significant role to finalize the agreement.
Their decision over IWT was accepted by both India and Pakistan without any precondition of any special circumstance or time limit.
In last three decades India has constructed many dams, hydroelectric projects, water storages and water diversions on the western rivers which are serious violations of IWT-1960.
Pakistan must reach over to the guarantor of the Treaty; World Bank and United Nations against Indian unilateral and illegal act of suspending IWT-1960.
Any future negotiations with India should be within the basic framework of IWT-1960.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.(drmkedu@gmail.com)
