Legal options

Published April 26, 2025

THIS refers to the report “Assault on rivers will be ‘act of war’” (April 24), which carried Pakistan’s reaction to the Indian ‘suspension’ of the Indus Waters Treaty. Pakistan should take the first step by invoking the treaty’s conflict resolution mechanism. This involves calling for an extraordinary session of the Permanent Indus Commission (PIC) before bringing the dispute to the World Bank for arbitration pursuant to Article IX in case PIC fails to resolve the dispute.

It should be stated as a matter of note that India has committed violation of Article XII which prohibits unilateral exit from the treaty by either party.

In conjunction, Pakistan can use the case against India’s suspension using the Vienna Convention on the Law of Treaties, which states that no party can leave the treaty unless there is a material breach.

The Indian attempt to frame Pakistan in a terrorist attack is a political ploy as the matter has no link to the suspension of the water-sharing agreement. In parallel to these actions, Pakistan can bring the case before the International Court of Justice.

Externally, Pakistan should take the matter to the United Nations Security Council, and, in partnership with China and others, it should expose how India’s activities are a threat to the entire region’s stability. Domestically, it is crucial to rapidly enhance attempts to cultivate appropriate dryland farming practices and improve water resource infrastructure, such as constructing new dams and other reservoirs.

At all international climate forums, Pakistan should also raise its voice against India’s political weaponisation of water resources. Also, it is necessary to combat India’s terrorism claims by asserting with firmness that water rights are an entirely different issue.

If India maintains its disregard for treaty obligations, Pakistan may take several options that it has under international law, such as the suspension of some bilateral treaties. The strategy in any case will have to deploy compelling legal reasoning, a well-defined ethical stance, and proactive diplomatic steps to avoid a major catastrophe in the region.

Muhammad Sajjad Haider
Islamabad

Published in Dawn, April 26th, 2025

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