Jan 27, 2025
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On April 23, 2025, India officially suspended the Indus Waters Treaty (IWT) with Pakistan following a deadly militant attack in Pahalgam, Jammu and Kashmir, which resulted in 26 civilian casualties. India cited Pakistan's alleged involvement in supporting cross-border terrorism as the primary reason behind this move. This marks a significant legal and geopolitical development, especially since the IWT has been considered one of the most successful examples of water-sharing agreements in international law.
For law students, this scenario offers a rare, real-time case study in treaty law, international dispute mechanisms, and the tension between legal frameworks and political realities.
The IWT was signed in 1960 by India and Pakistan, with the World Bank as a third-party guarantor. The treaty divides the Indus River system between the two nations:
The treaty established permanent institutions and procedures for information exchange, joint inspections, and dispute resolution, including a Permanent Indus Commission.
The attack in Pahalgam on April 22, 2025, targeted tourists, leaving 26 dead and over a dozen injured. A group calling itself the Kashmir Resistance claimed responsibility. India swiftly responded by suspending the IWT and taking a series of diplomatic steps:
India stated that the IWT would remain suspended until Pakistan stops sponsoring cross-border terrorism.
The Vienna Convention on the Law of Treaties (1969), to which both India and Pakistan are signatories, outlines the rules governing treaties. Under Article 60, a treaty may be suspended if one party commits a material breach.
A key question here is whether terrorism, allegedly supported by the other state, constitutes a "material breach" of a water-sharing treaty. India's position seems to interpret Pakistan's alleged inaction or support for terrorism as grounds for suspension, though this rationale is legally debatable.
This fundamental principle of international law translates to "agreements must be kept." India's suspension of the IWT raises concerns about the erosion of this principle, especially when treaties are unilaterally suspended without arbitration or mutual agreement.
Having been in operation for over 60 years, the IWT has arguably become part of customary international law, especially given its long-standing adherence and importance in regional peace. Unilateral suspension without multilateral discussion may set a concerning precedent.
The IWT has built-in mechanisms for resolving disputes, including:
India's direct suspension without exhausting these mechanisms may be criticised under international legal norms.
The suspension of the IWT has significant implications for Pakistan:
A prolonged suspension could lead to agricultural collapse, water shortages, and an energy crisis.
The case presents a classic example of how national security concerns interact with binding international commitments.
This situation illustrates the necessity of upholding procedural mechanisms rather than opting for unilateral action.
This ongoing conflict highlights the limitations of legal frameworks when confronted with geopolitical and military tensions.
Long-standing agreements, even if bilateral, may shape global norms and become part of customary international law.
The suspension of the Indus Waters Treaty marks a pivotal moment in the legal and diplomatic history of South Asia. For law students, it provides a compelling case study on the limits of international law, the power of treaties, and the fragile balance between peace and politics. As future lawyers, understanding this case helps build a foundation for interpreting and influencing global legal norms in a rapidly changing world.
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