Hague court rejects India’s claim on Indus Waters Treaty
Permanent Court of Arbitration reaffirms continued validity of treaty, ruling India cannot unilaterally suspend agreement; Pakistan welcomes decision
HAGUE (MNTV) — The Permanent Court of Arbitration has upheld its earlier ruling supporting the continued validity of the Indus Waters Treaty, stating that India cannot unilaterally suspend or withdraw from the treaty without Pakistan’s consent.
The tribunal reaffirmed that the treaty remains legally binding on both India and Pakistan, rejecting arguments that either side could place the agreement in abeyance on its own.
The ruling is linked to long-running disputes over India’s hydroelectric projects on the western rivers of the Indus river system, including the Ratle and Kishenganga projects. Pakistan has repeatedly argued that Indian run-of-river projects could reduce downstream water flows and damage agriculture.
In an earlier award issued in 2025, the Hague-based tribunal ruled that India must allow the waters of the western rivers to flow for Pakistan’s “unrestricted use,” reinforcing Pakistan’s interpretation of the treaty.
The latest supplemental award, issued on May 15, 2026, focused on the issue of “maximum pondage” — the amount of water India is permitted to store in run-of-river hydroelectric projects under treaty provisions.
Pakistan welcomes ruling
In a statement, the Pakistani government expressed “utmost satisfaction” with the court’s supplemental award concerning the Ratle Hydroelectric Plant and the Kishenganga Hydroelectric Project disputes.
“The award affirms Pakistan’s central position that the treaty places substantive limits on India’s water-control capability on the Western Rivers,” the statement said.
It added that those restrictions apply during the planning and design phases of projects and cannot be satisfied merely through assurances regarding future operations.
According to the ruling, pondage for run-of-river projects must be justified through actual operational requirements, hydrological data, site conditions and power-system needs.
Pakistan said the award also strengthened its rights to review Indian hydroelectric projects under the treaty framework.
“If India fails to provide sufficient information and explanations, it fails to carry its burden of establishing that the proposed maximum pondage satisfies Paragraph 8(c) of Annexure D,” the statement said.
Islamabad reiterated its commitment to the treaty and its dispute-resolution mechanisms.
“Pakistan remains committed to the Indus Waters Treaty, its dispute-resolution procedures and the peaceful settlement of water-related differences,” the government said.
It added that Pakistan would continue pursuing “every lawful and diplomatic means” to ensure Indian projects on the western rivers comply with treaty provisions.
India rejects proceedings
India rejected the tribunal’s findings and questioned the legitimacy of the arbitration process.
Randhir Jaiswal, spokesperson for India’s Ministry of External Affairs, described the proceedings as those of an “illegally constituted so-called Court of Arbitration.”
He said all awards and decisions issued by the tribunal were “null and void” and maintained that India’s position on holding the treaty in abeyance remains unchanged.
The PCA previously ruled in August 2025 in favor of Pakistan on broader questions concerning interpretation of the treaty.
The court stated that decisions issued by the Court of Arbitration and by a Neutral Expert under the treaty are final and binding on both parties.
The tribunal also ruled that exceptions permitting hydroelectric generation projects must comply strictly with treaty requirements rather than what India considers “ideal” or “best practice” standards.
Experts warn of regional consequences
Political and diplomatic analysts strongly criticized India’s rejection of the ruling, calling it a challenge to international legal mechanisms and treaty obligations.
Manzoorul Haq said India’s stance reflected disregard for international institutions and legal commitments.
Speaking to Pakistan’s state news agency, Haq said the Hague-based court’s decisions are binding on member states and argued that India’s refusal to recognize the rulings undermines international law and the World Bank-backed treaty framework.
He warned that repeated disputes over water resources between two nuclear-armed neighbors could destabilize the broader South Asian region.
“Any conflict between two nuclear powers over water resources could have dangerous consequences far beyond the region,” he said.
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