The Hague Court Rejects India’s Objections, Upholds Pakistan’s Position on Indus River

AMSTERDAM/ISLAMABAD: The Hague based Permanent Court of Arbitration (PCA) has upheld its competence, and determined that it will now move forward to address the water sharing disputes between Pakistan and India about the controversial designs of 330-MW Kishenganga and 850-MW Ratle hydropower projects that India is building on Pakistan’s rivers Jhelum and Chena.

Pakistan desired to have its disputes resolved through the court of arbitration and initiated the procedure in PAC over water use in the Indus River basin but India called the arbitration proceeding illegal.

Both Pakistan and India have claimed over hydroelectric projects on the shared Indus River, and its tributaries for decades, with Pakistan complaining that India’s planned hydropower dams in upstream areas will cut flows on the river which feeds 80% of its irrigated agriculture.

Now, The Hague based Court affirmed that PCA is competent to consider the disputes set forth in Pakistan’s request for arbitration.

The court, in its detailed decision on Thursday, acknowledged Pakistan’s stance and rejected India’s objections and affirmed its competence.

According to the press release, the court has authority, in accordance with Paragraph 16 of Annexure G to the Indus Waters Treaty 1960, to decide all questions relating to its competence.

Pakistan’s Foreign Office Spokesperson

Responding to media queries regarding the decision announced by the Court of Arbitration in The Hague, the Foreign Office Spokesperson, Mumtaz Zahra Baloc, said Pakistan is in receipt of the Award of the Court of Arbitration.

The Spokesperson said the Indus Waters Treaty is a foundational agreement between Pakistan and India on water sharing.

She said Pakistan remains fully committed to the Treaty’s implementation, including its dispute settlement mechanism.

She further said we hope that India would also implement the Treaty in good faith.