India rejects Hague court's ruling on plea filed by Pak
New Delhi, June 28 -- India on Friday rejected a ruling by the Permanent Court of Arbitration in The Hague that it can continue hearing a case related to Pakistan's objections to Kishenganga and Ratle hydropower projects despite New Delhi's decision to suspend the Indus Waters Treaty, and said it has never recognised this court.
The Indian side has never participated in the proceedings at the Permanent Court of Arbitration since Pakistan raised objections to certain design elements of the 330-MW Kishanganga and 850-MW Ratle hydropower projects in 2016 under the provisions of the Indus Waters Treaty.
On Friday, the Court of Arbitration considered the impact of the Indian government's decision of April 23 to keep the Indus Waters Treaty in abeyance on its competence to take up the case lodged by Pakistan. In a unanimous decision, the court ruled that India's decision "does not limit" its competence over the dispute and that the ruling "is binding on the Parties and without appeal".
The external affairs ministry rejected the "so-called supplemental award" of the Court of Arbitration, just as it "rejected all prior pronouncements of this body". The ministry said in a statement that the Court of Arbitration is illegal and was "purportedly constituted under the Indus Waters Treaty.albeit in brazen violation of it".
A day after the Pahalgam terror attack on April 22 that killed 26 civilians, India suspended of the Indus Waters Treaty of 1960.
India has "never recognised the existence in law of this so-called Court of Arbitration, and India's position has all along been that the constitution of this so-called arbitral body is in itself a serious breach of the Indus Waters Treaty", the external affairs ministry said. Any proceedings in this and "any award or decision taken by it are also for that reason illegal and per se void", the ministry said.
The ministry, reiterating the reasons for suspending the Indus Waters Treaty, said India exercised its rights as a sovereign nation under international law and placed the treaty in abeyance until Pakistan "abjures its support for cross-border terrorism".
The external affairs ministry described the Court of Arbitration's ruling as the "latest charade at Pakistan's behest", and said this was "yet another desperate attempt by [Pakistan] to escape accountability for its role as the global epicenter of terrorism"....
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