India had the clarity that, all decisions on Indus Water Treaty-1960 (IWT) can be taken mutually by India and Pakistan, since there is no unilateralism in the treaty.
Despite this clearly written provision in the IWT, India took an illegal and unilateral decision on April 23, 2025 calling suspension of IWT-1960. India made the so-called Pahalgam attack as an excuse for suspension of IWT-1960 which has no relevance with the treaty concluded in 1960. Pakistan protested over this Indian illegal act, nevertheless, India continued with this decision without any legal pro-vision. Pakistan however, approached Permanent Court of Arbitration (PCA) in The Hague to decide over this Indian obstinacy of suspension of this treaty. Hague based Permanent Court of Arbitration (PCA) issued its verdict on June 27, 2025. PCA issued a “Supplemental Award of Competence” in this case clearly stating that IWT-1960 cannot be unilaterally held in abeyance or suspension. Therefore, Indian decision of its suspension or keeping it in abeyance is illegal. Indeed, as per PCA; ‘The treaty remains in force’. “The Court first considered the terms of the Treaty (IWT), which do not provide for the unilaeral ‘abeyance’ or ‘suspension’ of the Treaty; rather, according to its terms, the Treaty continues in force until terminated with the mutual consent of India and Pakistan.” As per the press release of PCA, “The Court found that the terms of the Treaty, read in light of the Treaty’s object and purpose, do not allow either Party, acting unilaterally, to hold in abeyance or suspend an ongoing dispute settlement process, given that to do so would fundamentally undermine ‘theb value and efficacy of the Treaty’s compulsory third-party dispute settlement process.”
Pakistan welcomes the decision of PCA and expected India to abide the terms and conditions, laid-down in the treaty and directive and instructions issued from PCA and related forums time to time. Indeed, PCA was established by World Bank in 1899. PCA was established by the Convention for the Pacific Settlement of International Disputes, concluded at The Hague in 1899. The World Bank is guarantor of Indus Waters Treaty- 1960 and has been refereeing the cases and quarries related to it to PCA for their settlements or else arbitration. Since has always welcomed the decisions of World Bank and PCA over IWT. Upon Indian suspension of the Treaty, Pakistan referred the case to PCS which neutrally gave a verdict of continuation of the treaty. On the contrary, India has rejected the verdict of PCA and its very authority. India even tried to sabotage the proceedings of PCA through its illegal lobbies and manipulations. The Hague based PCA also noted that; ‘it was not open to India to unilaterally hold the IWT in abeyance’ “regardless of how India’s position was characterized or justified under international law.” Apart from clearly deciding in the favour for continuation of IWT-1960 in its original forms, the Court also is-sued clarification over unfounded Indian objection about the jurisdiction of PCA. India tried to derail and stop the proceedings of
PCA on the plea that, it has no mandate over the IWT. Hague also ruled that, ‘it retains full jurisdiction in the case brought by Pakistan under the Indus Waters Treaty, despite New Delhi’s April 2025 declaration to hold the treaty’ “in abeyance.” The Supplemental Award by PCA is need unanimous and binding over India. This award of the court also reinforces PCA’s decisions of 2023 about Indian attempts of illegal construction of hydro electrical projects over western rivers. It was very unfortunate and irresponsible on the part of India that, it’s Home Minister; Amit Shah stated that, India will not restore IWT and all water of the Three Western Rivers will be diverted to Indian Rajasthan Area through a canal system. As per ‘The Times of India’ Amit Shah said, “No, it will never be restored. We will take water that was flowing to Pakistan to Rajasthan by constructing a 113 Kms canal. Pakistan will be starved of water that it has been getting unjustifiably.” Indeed, what a nonsense statement by the key Minister of Prime Minister Modi. How can India do that once there is a clear treaty (IWT-1960) exists between India and Pakistan about the division of waters/ rivers? Pakistan severely reacted to this statement and declared this statement as a “brazen disregard” for international agreements. Pakistan has already declared any act of stoppage of Pakistani water as an ‘Act of War’. In a parallel move, the puppet Chief Minister of Indian Illegally Occupied Jammu and Kashmir (IIJOK), Omar Abduallh has asked Indian Government that, this water of three western rivers is badly needed for the drinking and agricultural purposes in IIOJK. He said, First allow us to use our water, and then we will talk about others. There are already three rivers with Punjab (and the other two states) under the Indus Waters Treaty. He opposed the proposal of Amit Shah of taking this water to Rajasthan. India has already started the feasible study of diverting the waters of three western rivers to Rajasthan. Indeed, this is a covet move of India to reinforce its position over IWT-1960. Pakistan will have to fight its case for the restoration of treaty and undoing all illegal encroachments already made by India over three western rivers. In fact, time is essence for Pakistan.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
