Pakistan plans to challenge India’s suspension of Indus Waters Treaty in ICJ, Will it work?

News Desk: In the wake of India’s decision to suspend the decades-old Indus Waters Treaty (IWT), Pakistan is preparing to mount a legal challenge on multiple international fronts, including the International Court of Justice (ICJ) and the World Bank, according to official statements and media reports.

The Indian government last week indefinitely put the treaty “in abeyance” as part of a broader crackdown on Islamabad, following evidence of cross-border involvement in the April 22 terror attack in Jammu and Kashmir’s Pahalgam, where 26 civilians—mostly Hindu tourists—were brutally killed by terrorists affiliated with The Resistance Front (TRF), an offshoot of the Pakistan-based Lashkar-e-Taiba (LeT).

Pakistan, reeling under water stress, has reacted strongly to India’s move. Minister of State for Law and Justice Aqeel Malik told Reuters that Islamabad is actively exploring at least three legal avenues, including approaching the World Bank—which brokered the original 1960 agreement—as well as filing a case with the ICJ and raising the issue at the United Nations Security Council.

“Legal strategy consultations are almost complete,” said Malik. “We will soon decide the best course of action to safeguard our national interests.”

Malik claimed India had unilaterally violated the treaty, arguing that “there is no provision within the agreement that allows one party to suspend it alone.” He further warned that “any attempt to stop or divert water belonging to Pakistan will be considered an act of war.”

The Indus Waters Treaty, a rare diplomatic success story, has withstood wars and political crises for over 60 years. It allocates control of the eastern rivers—Ravi, Beas, and Sutlej—to India, while granting Pakistan access to around 135 million acre-feet of water from the Indus, Jhelum, and Chenab rivers, which flow downstream from Indian territory.

However, with ties deteriorating sharply after the Pahalgam massacre, India has chosen to adopt a more aggressive stance. Reports indicate that the Centre is now considering short-term measures to reduce water flow to Pakistan, including desilting existing dams and increasing reservoir capacities on the western rivers.

Despite Pakistan’s intentions to escalate the matter to the ICJ, legal experts note a critical hurdle: India, under its 2019 declaration on the ICJ’s jurisdiction, has explicitly excluded cases involving Commonwealth nations. Since Pakistan is a member of the Commonwealth, any such legal bid could be rendered inadmissible, weakening Islamabad’s position.

India has so far not issued an official statement on Pakistan’s legal threats, but officials suggest that the suspension of the treaty is part of a broader policy shift to hold Pakistan accountable for its continued support of cross-border terrorism.

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