The Court of Arbitration has ruled unanimously that the Indus Waters Treaty remains fully in force. The tribunal stated that India cannot unilaterally suspend, terminate or place the agreement in abeyance. Moreover, the court imposed interim restrictions on parts of the Ratle Hydro-Electric Plant project until a Neutral Expert issues a decision.
The ruling came through two decisions issued in the Indus Waters Western Rivers Arbitration. Pakistan initiated the proceedings against India regarding treaty obligations and hydroelectric projects. Consequently, the court examined both the treaty’s status and Pakistan’s request for interim measures at the Ratle project.
Court Rejects India’s Abeyance Claim
The tribunal reviewed India’s April 2025 decision to place the 1960 Indus Waters Treaty in abeyance. India announced the move after an attack in India-administered Jammu and Kashmir. However, the court found no legal basis for suspending or terminating the treaty.
The tribunal noted that the term “abeyance” does not appear in the treaty. Furthermore, it stated that the concept has no recognised meaning under international treaty law. Therefore, the court treated India’s position as a possible claim of suspension or termination.
Treaty Remains Binding on Both Countries
According to the ruling, the treaty contains no provision allowing either country to end or suspend it independently. Instead, the agreement can only be modified or terminated through mutual consent. As a result, both Pakistan and India remain bound by its provisions.
The court also reaffirmed the international legal principle of pacta sunt servanda. This principle requires states to honour treaty commitments in good faith. Additionally, the tribunal said India must continue fulfilling obligations related to hydroelectric projects on the Indus, Jhelum and Chenab rivers.
The decision strengthens the treaty’s legal standing and reinforces its role in regulating shared water resources. Meanwhile, arbitration proceedings regarding other treaty matters will continue under the established framework.
