BAKU, Azerbaijan, September 1. The Permanent
Court of Arbitration (PCA) has ruled that the Indus Waters Treaty
remains in force and cannot be unilaterally suspended or terminated
by either side.
This was reflected in the statement shared by the Embassy of
Pakistan.
The embassy said the Court unanimously determined that the
treaty remains binding on India and can only be modified or
terminated jointly by India and Pakistan through a subsequent
agreement.
In its decision, the Court unanimously determined that the
treaty remains binding and that any modification or termination
must be agreed upon by both countries through a subsequent
treaty.
The Court also considered several arguments that could
potentially have been used to justify putting the treaty on hold,
including sovereignty, alleged material breach, terrorism, changed
circumstances, armed conflict and countermeasures. It did not
accept these grounds as providing a basis for unilateral suspension
of the agreement.
The ruling also addressed the Ratle Hydroelectric Plant in
Indian-administered Jammu and Kashmir. The Court granted three
interim measures requested by Pakistan concerning certain aspects
of construction while proceedings involving a Neutral Expert
continue.
Under the measures, India is required to refrain from concreting
specified sections of the dam wall and power-intake structure
beyond established levels until the Neutral Expert reaches a
decision. India is also required to provide information on changes
to the project’s construction schedule.
The restrictions are expected to remain in place until 90 days
after the Neutral Expert issues a final decision, which is
currently expected around July 2027.
The decision provides a clearer legal framework for the
continued implementation of the Indus Waters Treaty, while the
technical aspects of the Ratle project remain subject to the
ongoing expert process. Signed in 1960 after World Bank-facilitated
negotiations, the treaty provides a framework for managing the
shared waters of the Indus river system.
