WATER POLITICS

The Indus Waters Treaty (IWT) between India and Pakistan has long been hailed as a rare success in transboundary water sharing. It has stood as a beacon of cooperation between two hostile neighbors.

Under the treaty, upstream India reserved for Pakistan more than 80% of the Indus Basin waters — a remarkable act of generosity, driven by the hope of promoting subcontinental peace. Sixty-five years on, the IWT remains the world’s most munificent water-sharing arrangement.

Yet over the decades, the geopolitical reality has changed. Pakistan’s powerful military establishment — including its Inter-Services Intelligence (ISI) agency — has continued to nurture jihadist groups for use in low-intensity asymmetric warfare against India and other neighbors.

Another grim reminder came on April 22, when Pakistan-backed Islamist terrorists singled out and killed 26 civilians at a Kashmir resort — the deadliest attack on Indians since the 2008 Mumbai carnage. The outrage triggered by the massacre led Prime Minister Narendra Modi to announce India would place the IWT “in abeyance” until Pakistan credibly and irreversibly ends its support for cross-border terrorism.

The message is clear: India’s water generosity has been repaid not with gratitude but with blood.

The killings followed a provocative Islamist speech by Pakistan’s army chief, Gen. Asim Munir, who declared that Muslims are “different from Hindus in every possible way.” His rhetoric outraged India’s secular polity, which includes a 200-million-strong Muslim population.

Pakistan’s nuclear weapons have emboldened its reliance on terrorism, shielding its military and its proxies from full retaliation. But when Pakistan harbors and facilitates terrorists striking across its borders, it flagrantly violates the principle of peaceful coexistence — the very basis on which the IWT was built.

Treaties are created not on paper alone but on trust. And trust is precisely what Pakistan has shattered, time and again, through its unwavering commitment to transborder terrorism.

International law is unequivocal: When a treaty’s fundamental conditions collapse, or one party persistently violates it, the other party has the right to suspend or withdraw. The Vienna Convention on the Law of Treaties, which codifies customary international law, permits suspension or withdrawal in cases of material breach or fundamental change of circumstances. Pakistan’s conduct meets both tests.

Yet India has not formally suspended or withdrawn from the IWT. By placing it “in abeyance” — a term neither defined in international law nor spelled out by India — New Delhi is signaling frustration without yet burning diplomatic bridges. It amounts to a strategic warning: Change your behavior or risk the treaty’s collapse.

India’s patience has been extraordinary. Despite enduring repeated Pakistan-backed terror attacks — including on Modi’s watch — India continued to honor the treaty. Modi, once an advocate of peace, even made an unannounced 2015 visit to Pakistan to court reconciliation. That overture was met with cross-border terrorist strikes orchestrated by Pakistan’s military.

After a major terrorist attack in 2016, Modi warned Pakistan that “blood and water cannot flow together.” Since then, India has signaled its growing exasperation by, among other steps, suspending some meetings of the Permanent Indus Commission and formally seeking negotiations to amend the IWT.

In Asia, India stands virtually alone in its commitment to water-sharing treaties. China, despite controlling the water-rich Tibetan Plateau — the source of most of Asia’s major rivers — refuses to negotiate a water-sharing treaty with any downstream neighbor. By contrast, India has water-sharing treaties with both its downriver neighbors, Pakistan and Bangladesh.

Despite Bangladesh’s descent into jihadist violence after last year’s regime change, India recently agreed to negotiate a renewal of the 1996 Ganges water-sharing treaty, which guarantees Bangladesh quantified dry-season flows — a first in international water law. But, in contrast to the 30-year Ganges treaty, the IWT is of indefinite duration.

Clearly, the open-ended framework of the IWT — based on unconditional trust — has failed. What was once a symbol of cooperation has been weaponized for hostility, with India left to bear the burdens of the treaty, without getting any tangible benefits in return.

Importantly, India’s latest legal move does not threaten disruption of river flows to Pakistan. India lacks the hydrological infrastructure to curb downstream flows. Its storage capacity on the Indus system’s three largest rivers, reserved for Pakistan, is a mere 0.3 million acre-feet (0.37 megaliters) — negligible compared to Pakistan’s annual receipt of 168 million acre-feet of water.

Unlike Pakistan, which has used terrorism as a weapon against Indian civilians, India has committed to ensuring that any actions it takes will be responsible and measured, with full consideration of the downstream impact on water availability for Pakistan’s population.

Looking ahead, India should push for a new, conditional water-sharing framework — one that links cooperation to peace and verifiable good behavior. Any future treaty must respect the sovereignty, security and well-being of both sides.

This will be a necessary recalibration — a recognition that the old framework is no longer tenable. Peace cannot flow from terrorism and hate.

As the Indus-system rivers flow from the Himalayas into the plains, so too must diplomacy flow from the reality on the ground. The reality is that there can be no cooperation without credibility, and no treaty without trust.