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Indian government sources argue that the Indus Water Treaty lacks an enforcement body and that international forums like the ICJ have limited power to ensure compliance.
India now need not bother about Pakistan’s objections on interactional forums to the Kishanganga, Ratle and Pakal Dul hydroelectric projects. (PTI)
Pakistan is set to challenge India’s decision to put the Indus Water Treaty in abeyance, saying it has a strong legal basis for appeal, sources have told CNN-News18. Pakistan plans to take its case to international forums such as the International Court of Justice (ICJ), the United Nations, and the World Bank. Sources in Islamabad reveal that Pakistan’s Attorney General, Mansoor Usman Awan, is currently preparing the necessary documentation. Recent meetings have involved the Cabinet Attorney General and Law Minister Azam Nazeer Tarar.
Pakistan depends heavily on the Indus system, which accounts for 80 per cent of its irrigated agriculture and 30 per cent of its hydropower. Any disruptions could severely impact food security, livelihoods, and regional stability. The consequences of crop failures, groundwater depletion, and inter-provincial conflicts could potentially lead to civil unrest, sources in Pakistan said.
The Indus Water Treaty, established in 1960 and brokered by the World Bank, has endured multiple wars and crises. Pakistan will highlight the treaty’s historical resilience and accuse India of politicising water sharing, sources said. The petition is expected to emphasise the legal inviolability of the treaty and its humanitarian implications.
Pakistan aims to challenge India’s suspension of the treaty through both legal and diplomatic channels, arguing that the treaty does not allow for unilateral suspension or termination. The country will likely contend that India’s actions violate the binding nature of the treaty under international law and customary international law governing transboundary water rights.
If necessary, Pakistan may take its case to the ICJ, claiming that India’s suspension breaches treaty obligations. As the treaty’s guarantor, the World Bank could be asked to mediate or arbitrate. Pakistan may also seek support from allies such as China, Saudi Arabia, and the Organisation of Islamic Cooperation (OIC) to apply economic pressure on India.
India has disputed the jurisdiction of neutral experts and arbitration courts since suspending the treaty, which complicates the legal route. Historically, India has rejected ICJ jurisdiction in bilateral disputes, potentially limiting the effectiveness of this approach.
International Forums Have Limited Power: Indian Govt Sources
Indian government sources argue that the Indus Water Treaty lacks an enforcement body and that international forums like the ICJ have limited power to ensure compliance. They cite Pakistan’s support for cross-border terrorism, referencing the recent Pahalgam attack, as grounds for suspension.
India also asserts its right to renegotiate the treaty under Article XII, considering climate change and developmental needs. If Pakistan invokes the treaty’s dispute resolution mechanism, India may refuse to participate, maintaining its suspension of cooperation under the treaty.
