New Delhi says Indus Waters Court of Arbitration has ‘no legal standing’: 5 points
India says the so-called Court was constituted in “brazen violation” of the Indus Waters Treaty, making its existence and rulings “illegal and void.”
Pakistan has tried to recast the treaty as a symbol of fragility. India should show that the true fragility arises when agreements are stretched beyond their spirit and used to obstruct rather than cooperate (File) In a sharply-worded response, India has categorically rejected the “supplemental award” issued by what it described as an “illegally-constituted so-called Court of Arbitration” related to the Kishenganga and Ratle hydroelectric projects in Jammu and Kashmir.
Issued by the Ministry of External Affairs on June 27, the five-point statement calls the panel a “fabricated arbitration mechanism” created at Pakistan’s behest and says India considers all its pronouncements “illegal and per se void.” The ministry pointed out that the Treaty is currently in abeyance due to Islamabad’s continued support for cross-border terrorism and stated that India is no longer bound by its obligations until Pakistan fully dismantles all terror infrastructure.
Here are the five key points made by India:
1. The ‘Court of Arbitration’ is illegal
India said that the so-called Court was constituted in “brazen violation” of the Indus Waters Treaty, making its existence and rulings “illegal and void.”
“The illegal Court of Arbitration, purportedly constituted under the Indus Waters Treaty 1960, albeit in brazen violation of it, has issued what it characterizes as a ‘supplemental award’…”
2. India does not recognise panel’s legal standing
New Delhi reiterated that it has never recognised the body’s legal standing and that any proceedings or awards from it have no validity under international law.
“India has never recognised the existence in law of this so-called Court of Arbitration… any proceedings before this forum and any award or decision taken by it are also for that reason illegal and per se void.”
India also states that the arbitral body has no legal standing and is a serious breach of the treaty.
3. Indus Waters Treaty in abeyance
India has placed the treaty in abeyance following the Pahalgam terror attack, exercising its sovereign rights, and insists that Pakistan must renounce terrorism before any obligations resume.
“Following the Pahalgam terrorist attack, India has… placed the Indus Waters Treaty in abeyance, until Pakistan credibly and irrevocably abjures its support for cross-border terrorism.”
India also emphasised that it is no longer bound by any obligations under the treaty until Pakistan dismantles terror networks.
4. All pronouncements rejected
India maintained its firm position: it rejects all decisions by the “so-called” court without exception.
“India, therefore, categorically rejects this so-called supplemental award as it has rejected all prior pronouncements of this body.”
5. Pakistan’s ‘charade’ and global deception
The foreign ministry called the arbitration a “charade” orchestrated by Pakistan to divert attention from its role as the “global epicenter of terrorism.”
“This latest charade at Pakistan’s behest is yet another desperate attempt by it to escape accountability for its role as the global epicenter of terrorism… consistent with its decades-long pattern of deception and manipulation of international forums.”
India also accused Pakistan of trying to misuse international legal platforms to avoid facing consequences for its alleged support for terrorism.
The Indus Waters Treaty, signed in 1960, governs the distribution of river waters between India and Pakistan. India says it has been placed “in abeyance” as a punitive response following the Pahalgam terror attack, which it traced back to Pakistan. It has warned that unless Islamabad takes “credible and irreversible” steps to stop terrorism, all treaty obligations will remain suspended.
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