ISLAMABAD: Pakistan secured a procedural victory in the Indus Waters Treaty (IWT) arbitration after the Permanent Court of Arbitration (PCA) in The Hague on Thursday reaffirmed its jurisdiction, rejected attempts to stall proceedings, and directed New Delhi to comply with treaty obligations.
The Arbitration court, in Procedural Order No. 19 issued on January 29, validated Pakistan’s treaty-based approach, advanced Islamabad’s evidence, and placed the burden of compliance squarely on India.
In April 2025, India unilaterally held the Indus Waters Treaty in abeyance following the Pahalgam incident.
Pakistan termed any attempt to suspend its water share an “act of war”, noting the Indus Waters Treaty had no provision for unilateral suspension.
A supplemental award by the PCA in June held that India could not unilaterally hold the treaty in abeyance. India, in response, said it did not recognise the court or its decisions.
On September 19, Pakistan initiated an arbitration against India under the provisions of the Indus Waters Treaty, which India suspended unilaterally.
On Thursday, the Court of Arbitration validated Pakistan’s stance and reaffirmed that the Indus Waters Treaty arbitration remains fully operational, dismissing Indian attempts to stop or delay proceedings.
The tribunal confirmed that treaty procedures cannot be paused by political declarations, and that operational realities, rather than inflated projections, will guide compliance.
The tribunal maintained that operational realities will guide compliance, not inflated projections.
India’s non-response to procedural timelines was formally recorded in the proceedings. The court maintained that non-engagement does not dilute treaty obligations of a party. The court also directed New Delhi to produce operational logbooks within the set deadlines.
The tribunal emphasised transparency and ordered India to place all relevant records before the court for review.
The court also clarified that evidence would enter the record regardless of any non-cooperation by India, and that confidentiality rules cannot be used to block treaty adjudication.
Compliance is now a matter of record under binding directions, and withholding ordered records may invite adverse inference, the Arbitration court ruled.
The tribunal underlined that procedural shields cannot override the rights and duties established under the Indus Waters Treaty.
It reaffirmed its exclusive authority over interim protection measures, safeguarding Pakistan’s right to seek urgent treaty relief and ensuring lawful remedies remain available to prevent prejudice or escalation.
The Arbitration court’s ruling strengthens Pakistan’s credibility and isolates non-compliance by India.
The tribunal ruled that the treaty stability was preserved through Pakistan’s compliance-first posture.
The ruling preserves the stability of the treaty, highlighting Pakistan’s compliance-first approach and reinforcing the principle that all parties must adhere to their obligations under the agreement.
