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.
