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India’s Indus Water Treaty suspension violates international law

Any attempt to withdraw from it unilaterally constitutes a breach of the treaty

23 April 2025
Indus Water Treaty Pakistan And India

India's suspension of the Indus Waters Treaty clearly betrays aggression and extremism, yet it is a fact that cannot be denied that New Delhi can neither unilaterally suspend nor cancel this treaty.

The Indus Waters Treaty is a globally recognized and guaranteed treaty. If India unilaterally stops or cancels it, doubts about the validity of its other international treaties will surely arise. It must also be taken into account that the World Bank is a guarantor of this treaty.

This raises the question: Can India unilaterally terminate or suspend the Indus Waters Treaty? According to the treaty, India has no legal authority to do so. Article 12(4) of the treaty states that it can only be terminated if both India and Pakistan agree in writing.

In other words, any termination requires a jointly drafted agreement, which must then be ratified by both parties. There is no provision in the treaty allowing for unilateral suspension. It is intended to be of indefinite duration and is not tied to any specific time frame or event.

Both countries are equally bound by the Indus Waters Treaty. Any attempt to withdraw from it unilaterally constitutes a breach of the treaty. If India ceases to comply with its terms under the pretense of “annulment,” “suspension,” “withdrawal,” or “cancellation,” it essentially means it has chosen to obstruct the flow of water to Pakistan. What India might label as a “withdrawal,” Pakistan — and likely the international community — would view as a violation.

Another key question is: What would happen if India blocked the downstream flow of water to Pakistan — and could this action set a precedent for upstream countries like China? Blocking the flow of Pakistani rivers would not only violate international water law but also set a dangerous precedent.

According to international law, an upstream country (like India) does not have the right to block water to a downstream country (like Pakistan), regardless of whether a treaty exists. Should India take such a step, it would create a new regional precedent that might be referenced in international legal forums. China, for instance, could justify blocking the Brahmaputra River’s flow into India by citing similar behavior.

Therefore, this move by India is not only dangerous for Pakistan but could also backfire on India itself, as global powers such as China are closely monitoring the situation.

The Indus Waters Treaty, signed in 1960, is a strong and lasting treaty. There is no clause in it that allows unilateral suspension or termination. Any modification can be done only through mutual consent and a ratified agreement.

India's unilateral action not only defies the mechanisms of the treaty — such as the Permanent Indus Commission, neutral expert consultation, or international arbitration — but it also goes against the very spirit of the agreement itself. The treaty has survived wars and high political tensions in the past, which further fortifies its legal and moral basis.