Pakistan is playing legal games with the Indus Waters Treaty. (Image X @AskAnshul)
New Delhi: Pakistan is playing legal games with the Indus Waters Treaty. On the other hand, India's stance has been clear from the beginning. Now, India has explicitly refused to comply with the International Court of Arbitration's order related to the Indus Waters Treaty. India maintains that this Court of Arbitration is illegally constituted and that it does not recognize its orders.
The international court had instructed India to submit the operational records of its hydroelectric power plants (specifically the pondage logbooks of the Baglihar and Kishanganga projects) so that they could be used in further hearings. The court ordered that these documents be submitted by February 9, 2026, or that a formal explanation be provided for non-compliance.
In fact, the Court of Arbitration in The Hague is proceeding with new hearings and document orders under the framework of the Indus Waters Treaty, but India has made it clear that it does not recognize the validity of these proceedings and will not participate in them. The main point of contention is an order issued last week by the Court of Arbitration (CoA), constituted under the Indus Waters Treaty (IWT), directing the submission of 'pondage logbooks' related to Indian hydroelectric power plants as part of the 'second phase on the merits'.
Notably, the court has scheduled hearings for February 2-3 at the Peace Palace in The Hague and has also noted that India has not filed a counter-memorial nor given any indication of participation. According to an NDTV report, government sources said that the "so-called illegally constituted" CoA (in addition to the neutral expert) is continuing parallel proceedings. Since we do not recognize the validity of the CoA, we do not respond to any of its communications. Furthermore, because the Indus Waters Treaty is suspended, India is not obligated to respond.
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