'Today, The Illegal Court of Arbitration...’ India Rejects Supplemental Award Ruling on Indus Treaty

India has categorically rejected the recent "supplemental award" delivered by the International Court of Arbitration (CoA), based in The Hague, concerning the Kishanganga and Ratle hydroelectric power projects in Jammu and Kashmir. Indian officials labelled the ruling—which proclaimed to reaffirm the CoA's jurisdiction in the dispute—a "charade at (the) instance (of) Pakistan".

The supplemental award was issued in spite of India's previous objection to the legitimacy of the proceedings, arguing that such matters are the purview of a neutral expert appointed according to the Indus Waters Treaty (IWT).

Background: Indus Waters Treaty and Dispute

The water-sharing treaty between India and Pakistan, which is in its 60th year, is the only one that has the World Bank as a guarantor. The treaty allows India to build run-of-the-river projects on the western rivers (Indus, Jhelum, and Chenab) allotted to Pakistan, yet without impeding their flow.

Pakistan raised objections to the Kishanganga and Ratle projects, contending that they have contravened the treaty. India prides itself on being in 'full compliance' while allowing Pakistan to seek arbitration. India has long contended that arbitration is premature and outside of the scope of the IWT and the process.

India Calls the Award “Legally Unfounded”

Following the CoA’s order, the Government of India, Ministry of External Affairs (MEA) stated that "this is nothing more than a political drama being staged at the behest of Pakistan. India has never agreed to this process." Officials also reiterated that India did not accept the jurisdiction of the Court in this case, especially when a neutral expert process was already underway.

India also expressed concern that such actions could threaten the precarious foundation of the Indus Waters Treaty and set a dangerous example of misapplyingg international mechanisms for political gains.

Pakistan’s Reactions and Diplomatic Push

Conversely, Pakistan embraced the Court’s supplemental ruling and asserted that it embodied its long-standing position. Pakistan reportedly has lobbied for stricter international scrutiny of India's endeavours in Kashmir, exacerbating the tensions between the two countries. 

New Delhi, on the other hand, sees Pakistan leveraging international platforms to internationalise a bilateral issue and frustrate or derail the peaceful resolution processes outlined in the IWT.

India has reaffirmed its commitment to the Indus Waters Treaty, but has advised on the politicization of the issue through international arbitration.