Even one year after the Pahalgam attack incident, the Indian administration has failed to provide credible evidence of Pakistan’s involvement in the attack. However, despite lack of evidential data, the unilateral abeyance of the Indus Waters Treaty (IWT) by India continues pig-headedly. For decades, the treaty was hailed as one of the most successful treaties in the world. The breakdown in diplomatic relations, the border skirmishes, full scale wars between the arch rivals – the treaty weathered it all until now. India’s unilateral decision to hold the treaty in abeyance on mere allegations represents a departure from the decades old legacy and undermines the integrity of the treaty. India’s action also depicts a breach of International law which binds nations to honour their treaties and projects. While the Indian administration may proudly view its move as successful muscle flexing against its nuclear arch rival, it projects New Delhi as an unreliable and irresponsible actor with zero regard for international norms, on the international front. While such political tactics may momentarily swell up the vote-bank of the Indian Hindutva-driven regime, it risks long-term reputational damage and legal repercussions for New Delhi.
The Pahalgam issue is a test case for the integrity of the global treaty enforcement systems
The unprovoked water aggression by the Indian government represents a blatant violation of human rights including the human right to water, food and life. It has turned water into a tool of political coercion against a lower riparian state wherein the long-term survival of its citizens and agrarian economy is crucially dependent on the uninterrupted continuation of the treaty. Such tactics set a dangerous precedent for states with aggressive tendencies and pose a serious threat to long-term regional peace and stability. In addition to this, New Delhi’s continued silence in the face of the queries by the United Nations Special Rapporteurs further heightens concerns regarding transparency and accountability of the International agreements. On the other hand, despite India’s mullish and provocative behaviour towards the issue, Pakistan has refrained from using necessary force to resume the flow of its rivers. Instead, it has consistently engaged with legal institutions for resolution of the issue. Recently, Pakistan has urged the United Nations Security Council (UNSC) to intervene and press India on restoring the Indus Waters Treaty (IWT) and refraining from “water coercion”. This not only strengthens Pakistan’s credibility as a treaty-compliant state but has also helped internationalised the issue, rejecting India’s claim of the issue being a bilateral dispute.
Now, the onus is on the International legal institutions. The issue is a test case for the integrity of the global treaty enforcement systems. A collective effort and stringent measures are not only required for restoration of the Indus Waters Treaty (IWT) but also to ensure that such coercive tactics are not repeated in the future. Unless India is held accountable for its actions, such tactics will continue to reoccur and will resultantly erode the confidence of other states in International institutions as a credible party for resolution of conflicts hence, encouraging the adoption of coercive means.
The writer is a freelance columnist