ISLAMABAD: Pakistan is preparing to initiate international legal action against India following its suspension of the Indus Waters Treaty.
The country’s top legal body has formed a committee to assist the government in pursuing multiple legal avenues, according to Barrister Aqeel Malik, the Minister of State for Law and Justice.
The government is exploring at least three legal options, which include raising the matter with the World Bank, the treaty’s facilitator, as well as seeking recourse at the Permanent Court of Arbitration or the International Court of Justice (ICJ) in The Hague. Barrister Malik emphasized that legal strategy consultations are nearly complete, with a decision on which cases to pursue expected soon. He added that Pakistan may pursue more than one option in the coming weeks.
India’s decision to suspend the 1960 treaty came after an attack on a tourist resort in Pahalgam, Kashmir, with New Delhi claiming that Pakistan’s support for cross-border terrorism warranted such a move. Islamabad has firmly denied any involvement in the attack and responded by suspending all trade with India and closing its airspace to Indian airlines.
The legal challenges will center on India’s suspension of the treaty, which Pakistan argues is unlawful. Barrister Malik stressed that the treaty explicitly prohibits any unilateral suspension, withdrawal, or alteration by any signatory. He also warned that the suspension of the treaty could have serious repercussions for Pakistan’s access to vital water resources.
While the treaty allows India to construct hydropower plants on the rivers allocated to Pakistan, it prohibits significant storage or dams, ensuring that the flow of water to Pakistan is not disrupted. However, experts warn that the suspension could affect water supplies to farmers already facing climate-related shortages.
In addition to formal legal channels, Pakistan is considering raising the issue at the United Nations Security Council (UNSC). Malik confirmed that all options are being considered as the country pursues legal action through appropriate and competent forums.
Meanwhile, the Supreme Court Bar Association (SCBA) has formed a committee to provide legal assistance to the federal government. The committee will be chaired by SCBA President, with representatives from the Balochistan High Court Bar Association and the Sindh High Court Bar Association, among others.
The SCBA’s statement emphasized the treaty’s importance for Pakistan’s prosperity and sovereignty, asserting that India’s unilateral suspension violated international law and threatened Pakistan’s access to water.
The Indus Waters Treaty, which was mediated by the World Bank in 1960, is considered essential for Pakistan’s survival and economic stability, particularly given its reliance on water resources from the Indus River system.
The treaty stipulates that neither party can suspend or withdraw from it unilaterally. Pakistan views India’s suspension as a direct violation of this agreement and a disruption of the downstream water flow that could have far-reaching consequences.
