The Permanent Court of Arbitration in The Hague ruled that the Indus Waters Treaty remains fully in force and cannot be suspended by India.
In a major legal and diplomatic victory for Pakistan, the Permanent Court of Arbitration (PCA) in The Hague has ruled that India cannot suspend or terminate the Indus Waters Treaty (IWT), declaring that the landmark water-sharing agreement remains fully in force.
The ruling comes amid a long-running dispute between the two countries over India’s hydroelectric projects on rivers governed by the treaty. The court unanimously found that India had no legal justification for placing the treaty “in abeyance” or attempting to suspend its obligations under the agreement.
The decision was issued by an international arbitration panel comprising judges and experts from the United States, Belgium, Australia, and Jordan. The Court of Arbitration was chaired by Professor Sean D. Murphy of the United States, with Professor Wouter Buytaert of Belgium, Professor Jeffrey P. Minear of the United States, Judge Awn Shawkat Al-Khasawneh of Jordan, and Dr. Donald Blackmore of Australia serving as members.
According to the court, India’s April 2025 decision to place the Indus Waters Treaty in abeyance effectively amounted to a claim that the treaty had been suspended or terminated. After examining all possible legal grounds cited by India, the tribunal unanimously concluded that none justified such action.
“Accordingly, the Indus Waters Treaty remains fully in force, and India must observe its obligations under the treaty,” the court stated.
Court Orders India to Follow Treaty Obligations
The Hague-based tribunal reaffirmed that India must continue complying with all provisions of the treaty, including obligations related to the design and operation of hydroelectric projects on the western rivers allocated to Pakistan under the agreement.
The court also ruled that a Neutral Expert appointed by the World Bank will determine by July 2027 whether India’s disputed hydroelectric projects comply with treaty requirements.
Restrictions Imposed on Ratle Hydroelectric Project
As part of its decision, the arbitration court imposed interim measures limiting construction activity at India’s Ratle Hydroelectric Plant in Indian Illegally Occupied Jammu and Kashmir.
The ruling prohibits India from concreting the dam wall and power intake structure above specified levels until 90 days after the Neutral Expert issues a final decision, expected in July 2027.
The tribunal also directed reporting measures related to the project’s construction schedule.
The arbitration proceedings concern design elements of India’s Kishenganga and Ratle hydroelectric projects, both located on rivers covered by the Indus Waters Treaty. Pakistan has consistently argued that certain design features violate treaty provisions and could adversely affect downstream water flows.
Pakistan Initiated Arbitration in 2016
Pakistan formally initiated arbitration proceedings in August 2016 under the dispute resolution mechanism of the Indus Waters Treaty.
Following objections raised by India, the World Bank temporarily paused the appointment process for both the Court of Arbitration and the Neutral Expert in December 2016. The process resumed in 2022.
Since then, the court has issued several key decisions, including its 2023 Award on Competence, which rejected India’s objections to the tribunal’s jurisdiction. Additional rulings followed in 2025 and 2026 concerning treaty interpretation and technical issues related to the projects.
Pakistan Welcomes Landmark Ruling
Pakistan welcomed the tribunal’s findings, describing the decision as an important affirmation of international law and the binding nature of the Indus Waters Treaty.
Officials said the government would carefully review the full Award and Decision once published and assess how the ruling could help restore constructive engagement between the two countries under the treaty framework.
The government also welcomed the court’s decision to impose interim restrictions on construction activities at the Ratle project, calling it a significant step toward safeguarding Pakistan’s rights under the water-sharing agreement.
The latest ruling represents one of Pakistan’s most significant legal successes in the ongoing dispute over transboundary water resources and reinforces the principle that international treaty obligations cannot be unilaterally suspended or terminated.