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Hague court says Indus Waters Treaty still binds India; New Delhi rejects the award

The Indus River in Pakistan
The Indus River in Pakistan

Arslanmk / Wikimedia Commons, CC BY-SA 3.0 · source

A World Bank–constituted court of arbitration in The Hague rules India cannot unilaterally suspend the 1960 Indus Waters Treaty; India’s foreign ministry says the panel has no jurisdiction and the treaty remains in abeyance.

A court of arbitration in The Hague held on Aug. 31, 2026, that India cannot unilaterally suspend the 1960 Indus Waters Treaty and curbed concreting at the Ratle dam on the Chenab. India’s Ministry of External Affairs called the panel illegally constituted and said the treaty remains in abeyance after the April 2025 Pahalgam attack. Pakistan welcomed the award; Indian and Pakistani outlets split on jurisdiction and Kashmir hydropower.

Shared facts

The Court of Arbitration in The Hague unanimously found that the 1960 Indus Waters Treaty remains fully in force.

The court held that India cannot unilaterally suspend or terminate the treaty.

The court found that none of the grounds India cited justified suspending or terminating the treaty.

The court said India must observe its treaty obligations, including those on the design and operation of hydroelectric projects on the Western Rivers.

The court prohibited India from concreting the Ratle dam wall and power intake structure above specified levels.

Those Ratle limits last until 90 days after a Neutral Expert’s final decision, expected around July 2027.

The court ordered India to notify it, the Neutral Expert and Pakistan of changes to Ratle’s construction schedule.

Pakistan brought the arbitration under the Indus Waters Treaty’s dispute-settlement mechanism.

India did not participate in the hearings on the treaty’s status.

The court rejected sovereignty as a legal basis for walking away from the treaty.

India’s Ministry of External Affairs categorically rejected the award.

India called the Court of Arbitration illegally constituted.

India said the court has no jurisdiction over its sovereign decisions.

India said its decision to hold the Indus Waters Treaty in abeyance remains in force.

India said it has never appeared before the body and has refused to take cognisance of its earlier pronouncements.

India said the court’s pronouncements will have no effect on projects India is undertaking.

India said the World Bank constituted the court in patent breach of the treaty.

India said establishing the arbitral body is a grave violation of the Indus Waters Treaty.

India said it has never recognised the existence in law of the Court of Arbitration.

India has said Court of Arbitration proceedings, awards and decisions are null and void.

India placed the treaty in abeyance in April 2025 after the Pahalgam attack.

The Pahalgam attack killed 26 people.

India accused Pakistan of backing the Pahalgam attack; Pakistan denied it.

India’s Cabinet Committee on Security decided on April 23, 2025, that the treaty would stay in abeyance until Pakistan credibly and irrevocably ends support for cross-border terrorism.

Pakistan welcomed the tribunal’s decision.

Ishaq Dar said the award vindicates Pakistan’s position that a binding treaty cannot be unilaterally suspended.

Dar said India must fully comply with the treaty and with binding decisions of its dispute-settlement mechanism.

The Indus Waters Treaty was signed on Sept. 19, 1960, with the World Bank as mediator.

Under the treaty, the eastern rivers Ravi, Beas and Sutlej are allocated primarily to India, and the western rivers Indus, Jhelum and Chenab largely to Pakistan.

Pakistan says India is not sharing river-flow data required under the treaty.

Shared opinions

Former Indus commissioner Jamaat Ali Shah said Pakistan should build diplomatic pressure on India to honour the treaty.

France 24

Tribunal says India cannot withdraw from water treaty with Pakistan

AFP

Published 31 Aug 2026 accessed 2 Sep 2026

Facts

The Permanent Court of Arbitration in The Hague prohibited India from carrying out works at two hydroelectric projects that could breach the 1960 treaty.

India said in May 2025 that it was suspending its membership of the treaty after accusing Islamabad of backing a deadly attack on tourists in Indian-administered Kashmir.

C.R. Patil said this year that the government would ensure not a single drop of water will flow into Pakistan.

Pakistan has said it would consider any attempt to change the flow of cross-border waterways as an act of war.

Dar said Pakistan was committed to protecting its rights under the treaty.

Opinion

Pakistan accused India of seeking to weaponise the water.

CNBC

India rejects court order to uphold decades-old water-sharing treaty with Pakistan

Sam Meredith, Priyanka Salve

Published 1 Sep 2026 accessed 2 Sep 2026

Facts

The World Bank-brokered Indus Waters Treaty governs rivers in a basin spanning India, Pakistan, Afghanistan and China.

The treaty has endured three wars and prolonged diplomatic tensions.

The Indus basin supplies about 80 percent of Pakistan’s irrigated agriculture, according to Chatham House.

As the downstream country, Pakistan depends heavily on the treaty, with tens of millions relying on the rivers for livelihoods.

Chatham House data say that sector employs 65 percent of the labor force and is about 25 percent of Pakistan’s GDP.

Opinion

No opinion marked.

Business Standard

India rejects 'illegal' international court's order on Indus Waters Treaty

Archis Mohan

Published 31 Aug 2026 accessed 2 Sep 2026

Facts

Prime Minister Narendra Modi said blood and water cannot flow together.

After the attack, India launched Operation Sindoor targeting terror infrastructure in Pakistan and Pakistan-administered Kashmir.

Opinion

No opinion marked.

The Indian Express

‘No jurisdiction’: India rejects international court’s order on Indus Water Treaty

Shubhajit Roy

Published 31 Aug 2026 accessed 2 Sep 2026

Facts

No unique facts.

Opinion

No opinion marked.

CNBC-TV18

India cannot put Indus Waters Treaty on hold unilaterally, Hague court rules

Asmi Saxena

Published 31 Aug 2026 accessed 2 Sep 2026

Facts

The court temporarily restricted construction on Ratle, an 850-megawatt hydroelectric project on the Chenab in Jammu and Kashmir.

Pakistan has challenged aspects of Ratle’s design as non-compliant with the treaty.

India can build hydroelectric projects on the western rivers, subject to design and operation restrictions.

India has rejected the court’s authority, saying it was improperly constituted and that the Neutral Expert is the proper mechanism for Ratle and Kishenganga differences.

The court said the agreement remains in force unless India and Pakistan jointly agree to change or end it.

The court said it considered India’s position from government communications and public statements.

The court said that even if Pakistan sponsored cross-border terrorism, that would not be a treaty breach justifying suspension.

The court said the treaty was designed to operate during conflict and had remained in force through previous wars.

The court found India and Pakistan are not currently in an international armed conflict.

Technical questions are being examined by a Neutral Expert appointed through the treaty process.

India has maintained that its projects are permitted under the agreement.

Pakistan asked the court to declare that India was proceeding with construction at its own risk.

Pakistan also sought an order requiring India to return to what Pakistan considered full compliance while the status question was pending.

Opinion

No opinion marked.

India Today

India rejects The Hague's Indus Waters ruling, says court has no jurisdiction

Anuja Jha

Published 31 Aug 2026 accessed 2 Sep 2026

Facts

Some Pakistani leaders described the treaty suspension as an act of war.

Pakistani leaders have called water their red line.

On May 16, India rejected a Court of Arbitration ruling on maximum pondage.

Opinion

India has maintained that Pakistan has increasingly misused the treaty’s dispute-resolution mechanisms.

The Texas Tribune

Hague court upends India's IWT move

Zafar Bhutta

Published 1 Sep 2026 accessed 2 Sep 2026

Facts

In May 2026 the PCA upheld an earlier award that India could not unilaterally suspend the treaty.

India floated a tender to build hydropower projects on the Chenab, raising Pakistani concerns over water supply.

Pakistan has warned India of consequences if attempts were made to deprive it of its share of water.

Pakistan’s government said it would carefully consider the award as a pathway back to engagement under the treaty.

Pakistan said it had seen the court’s press release, though the full text had not yet been published.

The experts said Pakistan could take up the matter at the United Nations.

Opinion

The Express Tribune called the ruling a significant diplomatic and legal victory for Pakistan.

Experts told the Tribune that the ruling meant India was losing standing in international arbitration forums.

The same experts said prolonging the suspension would push Pakistan toward war.

Shah said India has plans to build a hydropower plant on the Chenab to halt Pakistan’s water.

Shah warned that reducing water at Marala would create problems for Punjab’s agriculture.

Shah said India could face World Bank and ADB pressure if it sought funding, though Delhi was building dams from its own resources.

Al Jazeera

Pakistan wins Indus waters battle at The Hague, but India threat remains

Abid Hussain

Published 1 Sep 2026 accessed 2 Sep 2026

Facts

The ruling is the first time an international court has decided whether India’s abeyance decision is legally valid.

Pakistan applied in March 2026 for the PCA to rule on the treaty’s status.

Hearings went ahead at the Peace Palace from April 26 to 28, 2026, with only Pakistan present.

The PCA is an intergovernmental court outside the UN system whose mandate New Delhi has accepted in other cases.

The award was issued by a five-member court.

Legal experts say the ruling strengthens Pakistan’s position but offers no obvious way to force India’s hand.

Shehbaz Sharif told the SCO summit in Bishkek that water was the foundation of life in the region.

The Permanent Indus Commission has not met since May 2022.

On June 30, Indus Waters commissioner Syed Mehar Ali Shah called for an immediate Commission meeting and inspections.

On Aug. 13 Shehbaz Sharif declared that every single drop of Pakistan’s water is a red line.

Pakistani officials and military leaders have increasingly described the dispute in existential terms.

Shehbaz warned India would face a crushing response greater than the May 2025 conflict if it moved against Pakistan’s water or sovereignty.

On Aug. 28 in Washington, Dar called on both countries to resume technical dialogue, transparency and data sharing.

Abbas said India’s built storage on the Chenab is roughly 1 million acre-feet, small next to Pakistan’s seasonal irrigation needs.

Opinion

Al Jazeera says the rejection raises questions about the benefits to Pakistan.

Ahmer Bilal Soofi told Al Jazeera the ruling is not merely declaratory.

Sikander Ahmed Shah said India’s absence from the hearings does not weaken the outcome.

Hydrologist Hassan Abbas disagreed that the pact’s breakdown posed an imminent threat to Pakistan.

Bilawal Bhutto Zardari said the dispute was not a technical matter of paperwork, hydrology or administrative abeyance.

Abbas said if India tried to stop the flow it would flood itself, because the dams are run-of-river plants with little storage.

Musadik Malik called the dispute a crisis of justice, not simply one of water or climate.

Abbas was also critical of Pakistan’s own water management.