In the serene valleys of Pahalgam, where the Lidder River meanders through alpine meadows, the tranquillity of Kashmir was shattered on April 23, 2025, by a devastating terrorist attack. This tragedy, which claimed the lives of 26 innocent tourists, has since become a focal point in the escalating tensions between India and Pakistan. India’s subsequent suspension of the Indus Waters Treaty (IWT), a cornerstone of bilateral cooperation since 1960, has not only deepened the rift but also raised profound legal and ethical questions.

The IWT was brokered by the World Bank to regulate the use of the Indus River system’s waters between India and Pakistan. It divides the six major rivers into two categories: the three western rivers-Indus, Jhelum, and Chenab-allocated to Pakistan, and the three eastern rivers-Ravi, Beas, and Sutlej-allocated to India. The treaty permits India limited uses of the western rivers, primarily for non-consumptive purposes like hydroelectric power generation, subject to specific design and operational criteria.

India’s suspension undermines the principle of pacta sunt servanda-the obligation to honour agreements in good faith, which is a cornerstone of international law.

Crucially, the IWT lacks a provision for unilateral suspension........

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