India’s suspension of IWT: A breach of int’l law

2026-02-16 - 00:46

THE Permanent Court of Arbitration (PCA) at The Hague has once again urged India to comply with the Indus Waters Treaty (IWT) in its dealings with Pakistan. In its recent proceedings, the Court directed India to submit operational data and “pondage logbooks” for the Baglihar and Kishanganga hydroelectric projects as part of the “Second Phase on the Merits.” Pakistan, for its part, has consistently maintained that it cannot and will not compromise on its water rights, as any stoppage of water flows would constitute an existential threat.In August 2025, the PCA issued a “Final Award” reaffirming that the IWT remains legally binding on both parties and that India must adhere to strict design parameters for its run-of-river projects on the western rivers. Earlier, in June 2025, the Court ruled that India could not unilaterally suspend or hold the Treaty “in abeyance.” Despite these rulings, India has rejected the Court’s authority, calling it “illegally constituted” and asserting that the Treaty is on hold due to its security concerns. Such a position lacks legal foundation and undermines established mechanisms of international dispute resolution. Signed in 1960 after nearly a decade of negotiations, the Indus Waters Treaty was brokered with the support of the World Bank. It is widely regarded as one of the most durable water-sharing agreements in the world. Crucially, the Treaty contains no provision permitting unilateral abrogation, suspension, or withdrawal by either party.Article XII of the Treaty explicitly underscores its perpetuity. It stipulates that the Treaty shall remain in force unless modified or terminated by mutual agreement through a duly ratified instrument. The key implications are clear: termination or modification requires mutual consent of both India and Pakistan.Any such change must be formalized through a separate, ratified treaty.There is no provision for unilateral suspension or termination under any circumstances.In light of these provisions, India’s unilateral suspension of the IWT constitutes a clear violation of the Treaty’s text and spirit. It also runs counter to established principles of international water law and the broader framework of international law embodied in the United Nations Charter. A foundational principle of international water law holds that each riparian state is entitled to a reasonable and equitable share of a shared river system and is obligated to cooperate in preserving its ecological integrity. Pakistan argues that India’s actions, particularly its suspension of the Treaty on April 23, 2025, citing “sustained cross-border terrorism”amount to weaponizing water for political leverage. The truth of the matter is that; all terrorism in Pakistan is being sponsored by India through Afghan soil. India has also invoked Article 62 of the Vienna Convention on the Law of Treaties to justify its position, citing a “fundamental change of circumstances.” However, Article 62 sets a very high threshold for such claims. It allows termination or withdrawal only if the change was unforeseen, constituted an essential basis of consent, and radically transforms the obligations still to be performed. Legal experts contend that none of these criteria apply to the IWT, especially given that the Treaty has endured multiple wars and prolonged hostilities between the two countries. The Treaty itself provides inbuilt mechanisms for addressing disputes and facilitating negotiated modifications if circumstances change. Over the past five years, India has reportedly sought to renegotiate aspects of the Treaty in line with its evolving water and energy needs. Pakistan has resisted such efforts, viewing them as attempts to dilute its guaranteed rights over the western rivers.Some analysts interpret India’s suspension as a bargaining tool aimed at forcing Pakistan into renegotiations. In recent years, India has issued several notices seeking a review of the Treaty and has reportedly curtailed the sharing of hydrological data related to the western riverswaters, allocated primarily to Pakistan under the IWT framework.In February 2022, Dr. Daniel Haines of the University of Bristol cautioned against reopening the Treaty, warning that renegotiation or repeal would be risky unless India-Pakistan relations improved dramatically. Given the persistent mistrust and absence of meaningful rapprochement between the two countries since 1947, that caution appears particularly relevant today. The Indus Waters Treaty took over a decade to negotiate and finalize, reflecting the complexity and sensitivity of water-sharing in South Asia. Its endurance through wars and crises stands as testament to its resilience. Any unilateral move to suspend it not only undermines bilateral commitments but also sets a troubling precedent for international treaty obligations.Pakistan, therefore, may consider approaching both the World Bank, as a guarantor of the Treatyand relevant forums within UNO to challenge what it regards as Indian illegal actions. Any future dialogue, if it is to succeed, must remain anchored within the original framework and legal architecture of the Indus Waters Treaty rather than outside it. — The writer is Professor of Politics and IR at International Islamic University, Islamabad.