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MEA rejects 'illegal' tribunal's supplemental award on Indus water dispute
India on Friday has rejected the 'supplemental award' issued by a "so-called Court of Arbitration", which was set up in violation of the 1960 Indus Waters Treaty. In a detailed five-point statement, the Ministry of External Affairs (MEA) denounced the tribunal as "illegal" and its proceedings as "per se void".
'Today, the illegal Court of Arbitration, purportedly constituted under the Indus Waters Treaty 1960, albeit in brazen violation of it, has issued what it characterises as a 'supplemental award' on its competence concerning the Kishenganga and Ratle hydroelectric projects in the Indian Union Territory of Jammu and Kashmir,' the MEA said.
No legal recognition for the tribunal
Reiterating its long-standing position, the government said it does not recognise the legitimacy or legal standing of the arbitral body. 'India has never recognised the existence in law of this so-called Court of Arbitration, and India's position has all along been that the constitution of this so-called arbitral body is in itself a serious breach of the Indus Waters Treaty,' the MEA added.
It stated that any award or decision by such a forum 'is illegal and per se void'.
Indus Waters Treaty placed in abeyance
'Following the Pahalgam terrorist attack, India has in exercise of its rights as a sovereign nation under international law, placed the Indus Waters Treaty in abeyance, until Pakistan credibly and irrevocably abjures its support for cross-border terrorism,' the MEA noted. India clarified that it is not bound by any treaty obligations while the agreement remains suspended.
The ministry further underlined that no court — certainly not an "illegally constituted" one — has jurisdiction to question India's sovereign decisions.
India terms arbitration a 'charade' backed by Pakistan
India accused Pakistan of orchestrating this move to avoid accountability for its alleged role in promoting terrorism. 'This latest charade at Pakistan's behest is yet another desperate attempt by it to escape accountability for its role as the global epicenter of terrorism,' the MEA said.
The statement went on to add, 'Pakistan's resort to this fabricated arbitration mechanism is consistent with its decades-long pattern of deception and manipulation of international forums.'
India's conditions for resuming treaty commitments
India has made it clear that the Indus Waters Treaty will remain suspended until Pakistan dismantles all terrorist infrastructure and funding networks, and takes concrete steps to eliminate terrorism from its soil.
India has also conveyed to Pakistan and the international community that any terror incident in India with links to Pakistan will be considered an act of escalation warranting a military response.
Background on the Indus Waters Treaty
Signed in 1960, the Indus Waters Treaty allocates the waters of six rivers between India and Pakistan. According to the agreement, Pakistan is allowed to use the waters of the Indus, Jhelum and Chenab, while India retains exclusive use of the Ravi, Beas and Sutlej rivers.
As part of the treaty, both countries agreed on terms that allow dam construction, data sharing and other cooperative measures. India has often described its adherence to the treaty as a goodwill gesture despite continued provocations from across the border.
Prime Minister Narendra Modi had earlier said, 'Blood and water cannot flow together', indicating that terrorist acts will directly affect the future of such cooperative agreements.
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First Post
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India calls Court of Arbitration on Indus Waters Treaty 'illegal', rejects its ruling on J&K dam projects
The MEA said India's position has all along been that the constitution of this so-called arbitral body is in itself a serious breach of the Indus Waters Treaty and consequently any proceedings before this forum and any award or decision taken by it are also illegal for that reason read more India on Friday strongly rejected a ruling by the Permanent Court of Arbitration in The Hague over two hydroelectric projects in Jammu and Kashmir, saying it has never recognised the so-called framework for dispute resolution with Pakistan. India rejects this so-called 'supplemental award', the Ministry of External Affairs (MEA) said, referring to the ruling in the case related to Pakistan's objections to Kishenganga and Ratle hydropower projects. In its ruling, the Court of Arbitration said India's decision in April to keep the Indus Waters Treaty in abeyance 'does not limit' its competence over the dispute and that its ruling is binding on the parties. STORY CONTINUES BELOW THIS AD 'This latest charade at Pakistan's behest is yet another desperate attempt by it to escape accountability for its role as the global epicenter of terrorism,' the MEA said. 'Pakistan's resort to this fabricated arbitration mechanism is consistent with its decades-long pattern of deception and manipulation of international forums,' it said in a statement. India has never recognised the proceedings at the Permanent Court of Arbitration after Pakistan raised objections to certain design elements of the two projects under the provisions of the Indus Waters Treaty. 'Today, the illegal Court of Arbitration, purportedly constituted under the Indus Waters Treaty 1960, albeit in brazen violation of it, has issued what it characterizes as a 'supplemental award' on its competence concerning the Kishenganga and Ratle hydroelectric projects in the Indian Union Territory of Jammu and Kashmir,' the MEA said. 'India has never recognised the existence in law of this so-called Court of Arbitration,' it said. The MEA said India's position has all along been that the constitution of this so-called arbitral body is in itself a serious breach of the Indus Waters Treaty and consequently any proceedings before this forum and any award or decision taken by it are also illegal for that reason. STORY CONTINUES BELOW THIS AD A day after the April 22 Pahalgam terror attack, India took a series of punitive measures against Pakistan that included putting the Indus Waters Treaty of 1960 in 'abeyance'. 'Following the Pahalgam terrorist attack, India has in exercise of its rights as a sovereign nation under international law, placed the Indus Waters Treaty in abeyance, until Pakistan credibly and irrevocably abjures its support for cross-border terrorism,' the MEA said. 'Until such time that the treaty is in abeyance, India is no longer bound to perform any of its obligations under the treaty,' it said. 'No court of arbitration, much less this illegally constituted arbitral body which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign,' it added. India, therefore, categorically rejects this so-called supplemental award as it has rejected all prior pronouncements of this body, it said.
Time of India
2 hours ago
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Indus Treaty arbitration court is illegal, says India
NEW DELHI: India on Friday rejected the Court of Arbitration under the Indus Waters Treaty , describing it as illegal and refusing to recognise its authority to hear cases related to the Kishenganga and Ratle hydropower projects in J&K. "India has never recognised the existence in law of this so-called Court of Arbitration, and India's position has all along been that the constitution of this so-called arbitral body is in itself a serious breach of the Indus Waters Treaty and consequently any proceedings before this forum and any award or decision taken by it are also for that reason illegal and per se void," MEA said. India's reaction came after the Hague-based Court of Arbitration rendered a "Supplemental Award" on the competence of the court in an arbitration initiated by Pakistan against India. In the Supplemental Award, the court considered its competence to address Pakistan's request to intervene over the decision made by India on April 23 to keep the 1960 Treaty in abeyance following the Pahalgam terror attack. Rejecting the authority of the court, MEA said, "No Court of Arbitration, much less this illegally constituted arbitral body which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign."
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2 hours ago
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The statement added: 'India has never recognised the existence in law of this so-called Court of Arbitration, and India's position has all along been that the constitution of this so-called arbitral body is in itself a serious breach of the Indus Waters Treaty and consequently any proceedings before this forum and any award or decision taken by it are also for that reason illegal and per se void.' 'Today, the illegal Court of Arbitration, purportedly constituted under the Indus Waters Treaty 1960, albeit in brazen violation of it, has issued what it characterizes as a 'supplemental award' on its competence concerning the Kishanganga and Ratle hydroelectric projects in the Indian Union Territory of Jammu and Kashmir,' the Ministry of External Affairs (MEA) said in a statement Friday. New Delhi: India 'categorically rejected' the supplemental award on competence announced by 'the-so called' Court of Arbitration on the Kishanganga and Ratle hydroelectric projects in Jammu and Kashmir, terming it as the 'latest charade' by Pakistan to 'escape accountability' as the 'global epicentre' of terrorism. The strong statement comes as India and Pakistan have continued to lock-horns over the 330 MW Kishanganga project on the Kishanganga river and the 850 MW Ratle hydroelectric project on the Chenab river. The issues first surfaced in 2007, when Pakistan raised six objections to India's Kishanganga project. Four of the six issues were technical, while two were legal. In 2009, Pakistan went to the Court of Arbitration over the two legal questions, which had issued its final award in 2013 allowing India to divert the waters of the Kishanganga with conditions. However, the technical issues remained unresolved, with Islamabad also raising issues with the Ratle hydroelectric project. India maintained that the issue should be dealt with through the appointment of a 'neutral expert', which is another way to resolve disputes under the 1960 Indus Waters Treaty (IWT). In 2015, Pakistan sought the appointment of a neutral expert, however, backtracking later and calling for the disputes to be resolved through a court of arbitration. New Delhi rejected the constitution of a court of arbitration. The World Bank started both processes–appointing a neutral expert and seeking the formation of a court of arbitration–simultaneously. India has not participated in the arbitration proceedings since. Earlier this year, the neutral expert–Michael Lino–backed India's stance, ruling that he had the competence to deal with the issue at hand. However, following the Pahalgam terrorist attack that killed 26 people, New Delhi moved to hold the treaty in 'abeyance' until Islamabad stops supporting cross-border terrorism. 'Following the Pahalgam terrorist attack, India has in exercise of its rights as a sovereign nation under international law, placed the Indus Waters Treaty in abeyance, until Pakistan credibly and irrevocably abjures its support for cross-border terrorism,' the MEA statement said. It added: 'Until such time that the Treaty is in abeyance, India is no longer bound to perform any of its obligations under the Treaty. No Court of Arbitration, much less this illegally constituted arbitral body which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign.' Pakistan has called India's move to hold the treaty in abeyance unlawful and has promised that any diversion of the Indus waters could constitute an act of war. However, New Delhi has maintained its diplomatic position. 'This latest charade at Pakistan's behest is yet another desperate attempt by it to escape accountability for its role as the global epicenter of terrorism. Pakistan's resort to this fabricated arbitration mechanism is consistent with its decades-long pattern of deception and manipulation of international forums,' the MEA said (Edited by Tony Rai) Also Read: With Indus Waters Treaty on hold, India working to revive Tulbul project on Kashmir's Wular Lake
