Pakistan’s 4-Point Plan on Indus Waters Treaty Falls Flat: Here’s Why It Won’t Work

Facing a water crisis after India suspended the Indus Waters Treaty, Pakistan’s legal and diplomatic options—ICJ, PCA, UN, and World Bank—appear ineffective under international law.

April 30, 2025: Pakistan’s 4-Point Plan Over Indus Treaty: Legal Threats Unlikely to Succeed

Following India’s decision to suspend the Indus Waters Treaty (IWT) in response to the Pahalgam terror attack that killed 26 people, Pakistan has announced a four-pronged legal and diplomatic strategy to challenge the move. However, experts believe none of the proposed measures are likely to work due to jurisdictional limitations and treaty frameworks.

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India Puts IWT on Hold After Terror Strike

India placed the 1960 Indus Waters Treaty “in abeyance” on grounds that Pakistan continues to sponsor cross-border terrorism. The Modi government declared that water-sharing will resume only if Islamabad “credibly and irreversibly” ends its support for terror groups like Lashkar-e-Taiba, whose offshoot The Resistance Front claimed responsibility for the attack.

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Enraged by the move, Pakistan warned that any effort to stop or divert water “will be considered an act of war.”

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Pakistan’s 4-Point Legal Strategy

Pakistan’s Minister of State for Law and Justice, Aqeel Malik, outlined the following avenues to challenge India’s decision:

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1. Permanent Court of Arbitration (PCA)
2. International Court of Justice (ICJ)
3. World Bank facilitation
4. United Nations Security Council (UNSC)

Malik said Islamabad is “finalizing consultations” and plans to pursue more than one route simultaneously.

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Why None of These Will Work

1. ICJ Jurisdiction Blocked by India

India has precluded ICJ’s jurisdiction in disputes involving Commonwealth nations—Pakistan being one. As per India’s 2019 declaration under Article 36 of the ICJ Statute, point 2 specifically denies ICJ jurisdiction in such cases.

Additionally, point 5 excludes ICJ involvement in any dispute related to hostilities, armed conflict, national security, or acts of self-defense—all relevant to this context.

2. PCA Also Requires Consent

Like the ICJ, the Permanent Court of Arbitration also needs the consent of both parties. Since India has not agreed to any fresh arbitration proceedings post-2022, the PCA route is a dead end.

3. World Bank Has No Enforcement Power

Though the World Bank helped broker the treaty in 1960, it is not a guarantor or enforcer. Its role is limited to facilitating the appointment of neutral experts or arbitrators during disputes, and its involvement is entirely non-binding.

4. UNSC Move Lacks Precedent

Taking the dispute to the United Nations Security Council is largely symbolic. The UNSC does not have jurisdiction over bilateral treaties like the IWT unless the matter escalates into a full-blown conflict threatening international peace.

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India Holds the Legal Upper Hand

Under the treaty, India—as the upper riparian state—controls the flow of the rivers. While the IWT granted Pakistan access to the western rivers (Chenab, Jhelum, Indus), India retains technical sovereignty over all six rivers and may lawfully regulate usage if national security is at stake.

India’s move to suspend the treaty—not terminate it—further complicates Pakistan’s case, as the action is not yet a full legal withdrawal, but rather a strategic pressure tool.

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Global Outrage Against Terrorism

The April 22 Pahalgam massacre, which targeted mostly tourists and included a foreign national, has drawn international condemnation. Victims were allegedly asked to recite Islamic verses before being shot, a pattern described as religiously motivated terrorism.

Kashmir and the rest of India erupted in protests against Pakistan, demanding strong retaliation. Prime Minister Narendra Modi has vowed to “hunt down the perpetrators” and given armed forces full operational freedom.

Tags:

Indus Waters Treaty, India Pakistan relations, Pahalgam terror attack, cross-border terrorism, World Bank, International Court of Justice, water dispute, Kashmir terrorism, Lashkar-e-Taiba, diplomatic standoff