THE INDUS RIVERS · INDIA AND PAKISTAN

The Hague and the Indus

The Hague and the Indus

A court in The Hague has ruled that the treaty splitting the Indus rivers still stands — but the rivers run through India first, and India says the treaty is on hold.

Six rivers, one treaty

The six rivers of the **Indus** system rise in the mountains and flow down into **Pakistan**. In 1960 **India** and Pakistan split them: the three eastern rivers to India, the three western ones to Pakistan. That left Pakistan about 80% of the water. The treaty survived three wars between them.

Claim (consensus): The 1960 Indus Waters Treaty, brokered by the World Bank, allocated the eastern rivers (Ravi, Beas, Sutlej) to India and the western rivers (Indus, Jhelum, Chenab) to Pakistan — roughly 80% of the system's flow — and it survived the wars of 1965, 1971 and 1999.

Upstream

In April 2025, after a terror attack at Pahalgam in Kashmir, **India** said it was holding the treaty in abeyance. The catch is the map: the western rivers pass through Indian-held Kashmir before they reach **Pakistan**. India is building dams there, like the Ratle project on the **Chenab**. Downstream, the Indus basin waters most of Pakistan's farmland.

Claim (consensus): After the 22 April 2025 Pahalgam attack, India announced on 23 April that it would hold the Indus Waters Treaty "in abeyance"; the western rivers flow through Indian-administered Kashmir before entering Pakistan, where the Indus basin irrigates most (about 80%, by Pakistani estimates) of the country's farmland.

The court and the river

On 31 August 2026 a Court of Arbitration in The Hague, in the **Netherlands**, ruled unanimously that the treaty is still fully in force. It also ordered **India** to hold off on parts of the Ratle dam until an expert rules on its design, expected in 2027. India rejected the award the same day, calling it a so-called court. A court can rule on paper, but the rivers still run downhill through India first.

Claim (consensus): On 31 August 2026 the Court of Arbitration (PCA Case 2023-01) unanimously held that the Indus Waters Treaty "remains fully in force and binding" and issued an interim order restricting parts of the Ratle works pending the Neutral Expert's decision; India's Ministry of External Affairs rejected the award the same day.

Sources

  1. Britannica: Indus Waters Treaty (1960)
  2. Ministry of External Affairs, India: briefing of 23 April 2025 (treaty held in abeyance)
  3. Permanent Court of Arbitration: press release on the award of 31 August 2026 (PCA Case 2023-01)
  4. CNBC, 1 September 2026: Hague ruling orders India to uphold the water treaty
  5. ANI, 31 August 2026: India rejects the Court of Arbitration's award
  6. CSIS: can India cut Pakistan's Indus river lifeline?
  7. Press Information Bureau, India: Ratle hydroelectric project, river diversion (January 2024)