The Hague court orders India to uphold Indus Water Treaty with Pakistan

The Permanent Court of Arbitration in The Hague has ruled that India must fully uphold the Indus Waters Treaty (IWT) with Pakistan, dismissing New Delhi’s claims that the accord could be suspended following a 2025 militant attack in Indian Illegally Occupied Jammu and Kashmir (IIOJK). The court found no legal justification for India’s decision to hold the treaty "in abeyance," reaffirming that the 1960 agreement remains fully in force.

The five-member arbitral tribunal, led by Prof. Sean D. Murphy of the United States, issued its decision on Monday, stating that India’s actions in suspending the treaty violated its obligations. The ruling also imposed interim restrictions on construction at India’s Ratle Hydroelectric Plant in Kashmir, prohibiting concreting of the dam wall and power intake structures beyond certain levels until July 2027. A reporting requirement on construction progress was also mandated. The court will rely on a neutral expert, appointed by the World Bank, to determine by mid-2027 whether the plant’s design complies with the treaty.

The dispute escalated after a militant attack in April 2025 killed 26 people in IIOJK, an incident India blamed on Pakistan, which denied involvement. India subsequently suspended the IWT and launched military operations, leading to heavy fighting before a U.S.-brokered ceasefire. The tribunal examined India’s arguments for terminating or suspending the treaty but found them legally unsupported.

The case before the Permanent Court of Arbitration concerns two key Indian hydropower projects: the Kishenganga and Ratle plants, both situated on rivers allocated to Pakistan under the IWT. The tribunal also addressed broader questions about run-of-river hydroelectric projects that India is permitted to construct on the Indus, Jhelum, and Chenab rivers before they cross into Pakistan.

Pakistan initiated arbitration proceedings in 2016, though the process was paused for several years due to objections from India. After proceedings resumed in 2022, the tribunal issued multiple rulings, including an Award on Competence in 2023 rejecting India’s jurisdictional objections, and subsequent decisions clarifying technical and procedural issues.

Pakistan’s government welcomed the ruling, stating it would review the full details of the court’s decision once published. The Ministry of Information and Broadcasting noted that the tribunal’s interim measures preventing further concreting at the Ratle plant were a positive step toward ensuring compliance with the treaty. The ruling underscores the legal obligations of both countries under the IWT, a critical water-sharing agreement that has long been a point of contention between India and Pakistan.

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