The International Court of Justice in The Hague has ruled that India cannot unilaterally suspend the Indus Water Treaty.
Pakistan welcomed the decision of the Permanent Court of Arbitration (PCA) in The Hague to issue a ‘supplementary jurisdiction award’ on the Indus Water Treaty issue on Friday.
In a statement, Pakistan said that the supplementary award of The Hague Court cannot override India’s unilateral action, there is no scope to ignore the arbitration process on the Indus Water Treaty. The judgment makes it clear that India cannot unilaterally suspend the treaty.
According to PCA rules, a supplementary award is an additional decision after the initial award of a court or arbitral tribunal, which is usually issued to resolve an incomplete issue or clarify the jurisdiction, interpretation or meaning of a treaty.
India announced the suspension of the Indus Water Treaty after 26 people were killed in an attack in Pehalgaon, Kashmir in April this year, making allegations against Pakistan without evidence. Pakistan then said that the attempt to suspend its share of water was “akin to a declaration of war” and that there was no scope for unilateral suspension under the Indus Waters Treaty. Pakistan later announced that it would approach the court on the grounds of violation of the 1969 Vienna Convention.
Pakistan’s statement said that welcoming the PCA verdict, Pakistan said that the court had upheld its jurisdiction despite India’s unilateral action against the Indus Waters Treaty.
“Pakistan awaits the court’s verdict on the merits of the first phase of the case after the hearing at the Peace Palace in The Hague in July 2024,” the statement said.
According to the Pakistani government, the highest priority at this stage is to return to the path of meaningful India-Pakistan dialogue, which will include discussions on the implementation of the Indus Waters Treaty. Prime Minister Shehbaz Sharif was quoted as saying, “Pakistan is ready to engage in meaningful dialogue with India on all important issues, including Jammu and Kashmir, water, trade and terrorism.”
On the other hand, the Indian Ministry of External Affairs (MEA) has directly rejected the supplementary judgment of the ‘PCA’. According to media reports, the ministry said that India does not recognize this court.
In the words of the ministry, “India never accepts the legal existence of this so-called arbitration court. Our position has always been that the constitution of this arbitration tribunal is a serious violation of the Indus Waters Treaty and any proceedings and awards in this forum are illegal and void.”
After the Pehlegaon attack, India exercised its ‘sovereign right’ to suspend the Indus Treaty until Pakistan ‘withdraws support for cross-border terrorism’. In India’s words, the court’s recent pronouncements are a ‘farce directed at Pakistan’.
‘Treaty remains intact’
A press release issued by the PCA said that India cannot unilaterally suspend or ‘put in abeyance’ the Indus Waters Treaty.
The court, in its order, said that it first reviewed the terms of the Indus Waters Treaty, which does not allow for unilateral suspension or suspension. Rather, the treaty remains in force until terminated by mutual consent of India and Pakistan.
The court further said, “The court, having read the terms of the treaty in the light of its object and purpose, concludes that neither party can unilaterally suspend or suspend the ongoing dispute settlement process. Doing so would undermine the ‘effectiveness and importance of the binding third-party dispute settlement mechanism’.”
The court noted in the hearing that no matter what interpretation or justification India may take of international law, there is no scope for unilateral suspension of the Indus Waters Treaty. Sources: Dawn News, The News International, The Economic Times