India firmly rejected a ruling by the Permanent Court of Arbitration in The Hague concerning two hydroelectric projects in Jammu and Kashmir on Friday. The Indian government said it does not recognise the framework used to resolve disputes with Pakistan over water-sharing.
India Rejects Supplemental Award
The Ministry of External Affairs (MEA) dismissed the ruling, calling it a “so-called supplemental award.” The case involves Pakistan’s objections to the Kishenganga and Ratle hydropower projects.
In its decision, the Court of Arbitration stated that India’s move in April to suspend the Indus Waters Treaty (IWT) does not affect the court’s authority. It said the ruling remains binding for both countries.
India Calls It a Political Move Backed by Pakistan
India condemned the ruling. The MEA said, “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.”
It added, “Pakistan’s resort to this fabricated arbitration mechanism is consistent with its decades-long pattern of deception and manipulation of international forums.”
India Has Never Accepted the Court’s Legitimacy
India clarified that it has never recognised the arbitration process started by Pakistan under the Indus Waters Treaty. Pakistan had raised concerns about specific design features of the Kishenganga and Ratle projects.
The MEA stated, “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.”
It further declared, “India has never recognised the existence in law of this so-called Court of Arbitration.”
India Says the Arbitration Breaches the Treaty
According to India, setting up this arbitral body violates the treaty itself. The MEA argued that all actions, rulings, or awards issued by the court are illegal.
It 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.”
India Suspends Treaty After Terror Attack
India suspended the Indus Waters Treaty on April 22, the day after a terror attack in Pahalgam. The government linked the action to Pakistan’s continued support for cross-border terrorism.
The MEA explained, “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.”
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.”
India Says Court Has No Right to Interfere
India also said no international court, especially this “illegally constituted” one, has the authority to question its decisions as a sovereign nation.
The 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.”
Final Rejection of the Ruling
Overall, India completely rejected the recent award, just as it had rejected all previous decisions from this court.
The MEA stated, “India, therefore, categorically rejects this so-called supplemental award as it has rejected all prior pronouncements of this body.”