Rejecting the ruling by a Court of Arbitration that issued a “supplemental award” regarding the Kishenganga and Ratle hydroelectric projects in Jammu and Kashmir, India on Friday said that the tribunal has no legal authority to intervene.
Both the hydel projects are situated on tributaries of the Indus river system and have been a longstanding point of contention between India and Pakistan.
The Ministry of External Affairs (MEA) stated that the tribunal has no legal authority and that its establishment was inconsistent with the provisions of the Indus Waters Treaty (IWT) signed in 1960.
The MEA said the ruling referred to as a “supplemental award” relates to questions of jurisdiction over the two hydroelectric projects. “India maintains that the tribunal was set up in violation of the treaty and that any findings or awards made by it are not valid,” the MEA said.
It said that India does not recognise the legitimacy of the tribunal or any outcomes from its proceedings.
In a statement issued by the MEA, India accused Pakistan of misusing international mechanisms to raise objections that are political in nature.
It described the arbitration process as being initiated unilaterally by Pakistan and as lacking any binding foundation in treaty law.
India also pointed to recent security developments, including a terrorist attack in Pahalgam in April, as part of its reasoning for suspending its treaty obligations. Following the attack, which resulted in multiple casualties, India announced it would temporarily place the treaty in abeyance.
The MEA said this decision was taken under international law and reflects India’s position on national sovereignty and security.
India reiterated that it is not bound by any decisions from a tribunal it considers unlawfully constituted. It also stated that it expects Pakistan to address concerns related to cross-border activity rather than attempting to seek outcomes through disputed legal forums.
The MEA said that India would continue to assert its rights under international law and uphold its position regarding the development of hydroelectric infrastructure within its territory—(KNO)
