International law ‘on Pakistan’s side’ in Indus treaty dispute

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WASHINGTON: Pakistan’s sta­nce that the Indus Waters Treaty (IWT) cannot be unilaterally suspended has been upheld by international arbitrators, which has reaffirmed that the treaty remains fully intact and binding for both nations, according to Pakistan’s envoy to the UN.

Speaking at an event, organised by the Muslim American Leadership (MALA) Alliance at the UN Head­quarters in New York last week, Pakistan’s Permanent Represe­n­tative Amb Asim Iftikhar Ahmad cautioned the international community that India was weaponising water by unilaterally putting the on hold, a provocative move that poses a grave threat to peace and security in South Asia.

He recalled that the Permanent Court of Arbitration (PCA) had alre­ady ruled decisively in Pakistan’s fav­our in two separate awards in June and August 2025, and declared India’s actions a “grave violation of international law, international hum­­anitarian law, and human rights law”.

“These rulings leave no ambiguity — no party has the authority to unilaterally suspend or abandon this agreement. The Indus Waters Treaty is alive, and its provisions remain binding on the parties,” the ambassador stressed.

He warned that treating water as a tool of political pressure would “deny people their most fundamental human right” and could open “a new fault line in a region already marked by volatility”.

Legal dimensions

Legal experts at the event said India’s unilateral decision had no legal basis. Independent consultant Dr. Kishor Uprety argued that allegations of terrorism could not be treated as material breaches under international law, reminding participants that the Treaty contained no exit clause.

“Its suspension or collapse would have far-reaching consequences acr­oss Asia and even beyond,” he war­ned, criticizing India for bypassing the very dispute-resolution mechanisms created under the agreement.

Shahmeer Halepota, a legal scholar and arbitration specialist, described the IWT as South Asia’s most durable framework for cooperation but said the dispute-settlement system needed modernization.

He urged consolidating jurisdiction under a single Court of Arbit­r­ation with faster procedures, adding that the World Bank’s recent silence had weakened its guarantor role.

Former World Bank water expert Dr Masood Ahmad highlighted the IWT was not just a political accord, but an engineering framework that enabled extensive infrastructure development across the basin.

“The treaty is not just a document. It reflects ground realities that cannot and shouldn’t be changed or held in abeyance,” he said.

He also stressed that Pakistan must simultaneously improve water efficiency, strengthen irrigation systems, and build resilience against climate shocks to safeguard the treaty’s benefits.

Barrister Dawood Ghazanavi noted that India’s refusal to share hydrological data had already worsened floods, displacements, and mass migrations in Pakistan. He warned that depriving Pak­istan of this lifeline was “a breach of basic human rights,” pointing out that nearly 45 percent of livelihoods depend directly on the Indus system. He urged the World Bank and UN to reassert their roles in mediation and pressed civil society to demand compliance.

Maha Khan, MALA chairperson underlined the humanitarian urg­ency, stressing that water security was central to the UN’s Sust­ainable Development Goals. She called the crisis “a pressing threat to livelihoods, stability, and human dignity” and urged global action to prevent further deterioration.

Published in Dawn, September 15th, 2025

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