PESHAWAR
India has suffered a major diplomatic and legal setback following a historic ruling by the International Court of Arbitration in The Hague on the historic Indus Waters Treaty (IWT) and upheld stance of Pakistan.
The International Court of Arbitration, in its award on the interpretation of the treaty, ruled that India must “let flow” the waters of the western rivers for Pakistan’s unrestricted use and can’t suspend or hold the treaty in abyance unilaterally.
Professor Dr. A.H.Hilali, former Chairman, Political Science Department at University of Peshawar told APP on Sunday that India has lost all grounds after landmark ruling of court of arbitration.
He said that no justification was left with New Dehli after international Court of Arbitration award.a
He said the court ruled that any exceptions related to hydroelectric power generation must strictly comply with the provisions of the treaty rather than India’s preferred best practices approach.
“The ruling endorsed Pakistan’s interpretation regarding low-level outlets, gated spillways, turbine intakes, and free-board requirements. It also restricted India from maximizing pondage volume in hydroelectric projects on the western rivers.”
Importantly, the court observed that awards issued by the Court of Arbitration are final and binding on both Pakistan and India, carrying legal authority over future proceedings involving neutral experts or arbitration mechanisms under the historic treaty signed by President Ayub Khan and Indian Prime Minister Jawaharlal Nehru in 1960 guaranteed by World Bank.
Recognizing Pakistan’s status as the downstream riparian state, he said the court emphasized that the treaty’s objective is to clearly define the rights and obligations of both countries while promoting cooperation and effective dispute resolution.
The ruling assumes added significance after India’s recent announcement to hold the treaty in abeyance and its earlier decision to boycott arbitration proceedings.
Analysts described the judgment as a strong endorsement of Pakistan’s longstanding legal position and termed the ruling a turning point that will reshape future regional negotiations and international perceptions regarding the water dispute between the two nuclear-armed neighbors.
They argued that the key judgment exposed weaknesses in India’s legal arguments and diplomatic strategy while reinforcing the importance of international law and treaty obligations in resolving sensitive disputes.
Dr Hilali said the verdict has increased pressure on New Delhi to reconsider its illogical approach and engage constructively with Pakistan through dialogue and legal mechanisms.
International affairs experts also pointed out broader geopolitical implications of the ruling, saying it will affect India’s credibility in future international forums, particularly on issues involving legal commitments and bilateral agreements.
He warned that continued resistance to the court’s decision could further isolate India diplomatically and attract criticism from international institutions.
Former Ambassador Manzoorul Haq said the Court of Arbitration’s ruling carried great signficance as it clarified that India could not unilaterally suspend the treaty besides upheld Pakistan’s stance on the IWT.
Speaking to APP, he said India had violated international commitments and the World Bank-backed agreement by placing the treaty in abeyance in April last year.
“The repeated violations of the IWT by India has threatened the sanctity of international treaties and inter-state relations,” he said, adding that the fascist Modi government should be held accountable for such illegal and unilateral actions.
He warned that any attempt to suspend the treaty for long could jeopardize peace in South Asia, especially given the serious implications of water disputes between two nuclear powers.
IWT, brokered by the World Bank in 1960, allocated the waters of the western rivers namely Indus, Jhelum, and Chenab to Pakistan, while India controls the eastern rivers Ravi, Beas, and Sutlej.
Ambassador Manzoor accused India of committing material breaches of the treaty by manipulating water flows in the Chenab River in December last year without prior notification to Pakistan, as required under the agreement.
“These abrupt variations in water flows are of extreme concern for Pakistan and point toward unilateral water releases by India,” he said.
He added that such illegal actions threaten Pakistan’s agriculture, food security, and the livelihoods of millions of people.
The former ambassador further described India’s uncalled for actions as the weaponization of water, saying Pakistan had repeatedly raised the issue before the international community.
He said that Pakistan’s Indus Water Commissioner had formally sought clarification from his Indian counterpart regarding these violations.
Pakistan, he said, expects India to refrain from unilateral actions and fulfill all treaty obligations in letter and spirit.
Dr Adnan Khan, former chairman of the Department of International Relations at the University of Peshawar, said India had lost all grounds after the historic ruling and award by the Court of Arbitration.
He accused India of consistently undermining the treaty by constructing projects such as Kishenganga and Ratle hydroelectric plants in violation of treaty provisions.
According to Dr. Adnan, India had also weakened the treaty’s dispute resolution mechanism by refusing to participate in arbitration and neutral expert proceedings.
He warned that restricting water flows could expose millions of Pakistanis to hunger and economic hardship.
“IWT is a binding legal instrument that has contributed significantly to peace and stability in South Asia and cannot be suspended unilaterally,” he said.
The South Asian neighbors have disputed hydroelectric projects on the Indus river system for decades, with Pakistan arguing that India’s upstream dams could reduce downstream water flows and damage Pakistan’s agriculture.
In August last year, the Court of Arbitration reiterated that India must allow the unrestricted flow of western rivers allocated to Pakistan under the treaty.
Experts maintained that violations of the IWT threaten not only regional peace and stability but also the sanctity of international agreements and principles governing inter-state relations.
They urged the international community and the World Bank to intervene and ensure that both countries adhere fully to the treaty framework while preventing unilateral actions that could escalate tensions in the region.
