Arbitration in The Hague confirms validity of Indus Waters Treaty — Dawn
An arbitration tribunal of the Permanent Court of Arbitration in The Hague, Netherlands, confirmed that the 1960 Indus Waters Treaty remains in force and binding on India and Pakistan. Dawn reported this, citing the decision in the “Indus Western Rivers Arbitration” case, issued on August 31, 2026.
According to the publication, Pakistan initiated arbitration over India’s construction of two hydropower projects. Islamabad stated that these projects did not comply with the engineering requirements of Annexes D and E to the treaty, which are intended to prevent obstruction of water flow to the downstream state.
Positions of the parties
India challenged the arbitration tribunal’s jurisdiction and insisted that the dispute should be considered by a neutral expert as a technical matter under Annex F of the treaty. Despite these objections, the tribunal continued hearings on the hydropower projects.
On April 23, 2025, following the attack in Pahalgam, India announced the suspension of the treaty. As Dawn notes, the tribunal invited both parties to submit explanations regarding its jurisdiction, but India did not participate in this stage of the proceedings.
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Arbitration tribunal’s findings
According to Dawn, the tribunal considered possible legal grounds for suspending the treaty. In particular, it assessed changes in circumstances since 1960: demographic shifts, India’s growing demand for clean energy, developments in dam-construction technology, and the impact of climate change. None of these circumstances, according to the publication’s account, met the threshold under international law for terminating or suspending the agreement.
The tribunal also rejected India’s argument that Pakistan’s frequent use of dispute-settlement mechanisms allegedly constituted a material breach of the treaty. India referred to accusations that Pakistan supported terrorism, but, according to Dawn, the tribunal found that these claims fell outside the subject matter of the Indus Waters Treaty and could not justify its breach.
The publication also reports that the tribunal’s interim measures are intended to prevent further construction or concreting at Indian facilities that could affect the neutral expert’s consideration of technical issues.
