ISLAMABAD, (APP – UrduPoint / Pakistan Point News – 31st Aug, 2026) The Court of Arbitration has ruled that the Indus Waters Treaty remains fully in force and India cannot unilaterally suspend or terminate its operation, rejecting grounds cited by India for placing the treaty in “abeyance”.
The ruling was issued on Monday in an Award on the Status of the Indus Waters Treaty (IWT) in respect of India’s decision to hold the treaty in abeyance, in proceedings initiated by Pakistan under Article IX and Annexure G of the treaty.
The Court unanimously held that India’s decision to place the treaty in abeyance was not permissible under the treaty or applicable rules of international law.
It said the treaty did not provide either party with the right to unilaterally suspend or terminate its operation and would remain in force unless India and Pakistan jointly modified or terminated it through a further treaty.
The Court also rejected the argument that India’s decision could be justified on the basis of sovereignty, observing that states remain bound by their treaty obligations under the fundamental principle of *pacta sunt servanda*.
It further found that Pakistan’s refusal to enter negotiations, objections to Indian projects or use of dispute settlement mechanisms did not constitute a material breach of the treaty.
The Court also concluded that even if India’s allegations regarding cross-border terrorism were assumed to be true, they would not establish a material breach of the Indus Waters Treaty, which governed the rights and obligations of the two countries concerning the use of the waters of the Indus River System.
It also rejected India’s possible reliance on a fundamental change of circumstances, noting that the circumstances cited, including demographic changes, energy requirements, technological developments, cross-border terrorism and climate change, did not meet the required legal conditions for suspension or termination of the treaty.
The Court further held that the existence of an international armed conflict could not provide a basis for suspension or termination, noting that the treaty had remained operational through multiple conflicts since 1960.
In a separate Order on Interim Measures, the Court unanimously granted three measures sought by Pakistan concerning construction of the Ratle Hydro-Electric Plant (RHEP), subject to modifications.
The Court prohibited India from concreting the RHEP dam wall above a specified level and from concreting the power intake structure above a specified level pending the Neutral Expert’s decision on whether the project’s design complies with the treaty.
The restrictions will remain in force until 90 days after the Neutral Expert issues his final decision, which is expected in July 2027.
The Court also directed India to notify the Court, the Neutral Expert and Pakistan of any changes to the RHEP Construction schedule, observing that transparency regarding construction activities was necessary to protect the interests and proceedings involved.
However, the Court declined two other measures requested by Pakistan, including an express order affirming that India was undertaking construction at its “own risk”.
The Court noted that the “own risk” principle generally applies under international law but found that a separate interim order affirming the principle was not necessary.
The proceedings relate to the interpretation and application of the Indus Waters Treaty concerning Indian run-of-river hydro-electric projects on the Western Rivers, the Indus, Jhelum and Chenab, and specifically the Kishenganga and Ratle hydro-electric projects.
The Court of Arbitration, chaired by Professor Sean D. Murphy of the United States, comprises five members. The Permanent Court of Arbitration (PCA) is acting as the secretariat for the proceedings.
The Neutral Expert proceedings concerning the Kishenganga and Ratle projects remain ongoing, with his final decision currently expected around July 2027.
