Priyanka Tiwari
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Suspense crime, Digital Desk : In light of the recent incident involving the attack on tourists in India-administered Kashmir, Pakistan is readying multiple international legal options to counter India’s pause of the Indus Waters Treaty.
Asaqeel Malik, Pakistan’s Minister of State for Law and Justice, shared with Reuters that Islamabad is rushing to devise strategy options for multiple global legal jurisdictions.
Legal Avenues Being Explored
In Pakistan’s case, at least three of these options stem from one central situation:
Bringing the dispute before the World Bank, which serves as the treaty's facilitator.
Pursuing action in front of the Permanent Court of Arbitration.
Bringing an action before the International Court of Justice (ICJ) in The Hague for violating the 1960 Vienna Convention on the Law of Treaties.
“Consultations on the legal strategy are reaching conclusion,” Malik stated asserting that Pakistan might pursue two or more strategies simultaneously.
In addition, Pakistan is looking into a fourth diplomatic option; promoting the issue to the United Nations Security Council.
Immediate Responses and India's Standpoint
Water Resources officials in India have not yet provided any public comment regarding the legal preparations from Pakistan.
Last week, Pakistan made public their position which seeks complete cessation of support for cross-border terrorism – an accusation Islamabad denies.
India continues to insist that two of the three identified attackers allegedly responsible for the Kashmir attack were from Pakistan.
In retaliation to India's restrictions, Pakistan has completely banned all trade with India and shut down the airspace to Indian planes.
Exploring The History Behind The Indus Waters Treaty
The Indus Waters Treaty was signed in 1960 and has regulated the usage of the Indus River and its tributaries. Notwithstanding the three wars and a myriad of clashes between the nuclear neighbors, the treaty had operated until now.
These rivers form the backbone of Pakistan, as the waters from these rivers nourishes about 80% of the irrigated agriculture and a significant amount of its hydropower production.
Experts’ Predictions and Analyzes
Pakistan’s claim's true as they do argue suspension of a treaty is invalid on India's side with logic that suspending the treaty cannot be deemed actionable, citing the suspension is backed with proper reasoning.
Malik stressed further:
"There exists no provision within the treaty that sustains unilateral hold and suspension of the treaty in abeyance.”
On the other hand, Vohra, who is a former chairman of India’s Central Water Commission stated Vohra's argument that found Pakistan's legal options rather limited while asserting India's rationale stood strong when defending the decision.”
Some experts have noted that India cannot immediately cease the flow of water due to treaty stipulations which only permit the construction of minor infrastructures such as hydropower plants, not major dams. Nevertheless, the farming communities based in Pakistan who are already struggling with climate induced water shortages are deeply concerned about and bracing for even more drastic consequences in the coming months.
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