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Minister says Pakistan is preparing to challenge India’s suspension of the water treaty

A government minister said that Pakistan was preparing to take international legal action against India for its suspension of an important river water-sharing agreement. Tensions between neighbours have been intensifying since the attack on tourists who were in India-administered Kashmir.

Aqeel Makik, Minister of State for Law and Justice in Islamabad, said late on Monday Islamabad had plans for three legal options. One was to raise the issue with the World Bank, which is the facilitator for the treaty.

He said that India was also contemplating taking action before the Permanent Court of Arbitration, or the International Court of Justice at The Hague to allege India had violated the Vienna Convention on the Law of Treaties of 1969.

Malik stated that the legal strategy consultations were almost completed. He added that a decision would be made soon on which cases would be pursued. This would include more than one avenue.

India's officials responsible for water resources did not respond immediately to a comment request.

India suspended last week the World Bank-mediated Indus Waters Treaty of 60 after the attack on Kashmir. It said it would remain in place until Pakistan "credibly and irrevocably" abjures support for cross border terrorism.

Islamabad has denied any involvement in the 26-person attack.

India has said that two of the three attackers it has identified are from Pakistan. Islamabad said that "any attempt to divert or stop the flow of water belonging Pakistan... will be considered an act of warfare".

Pakistan has also closed its airspace and suspended all trade with India.

Two of the three wars that have been fought by these nuclear-armed neighbors since their independence in 1947 were fought over Kashmir. Both countries rule a part of it, but both claim full control.

This agreement is for the distribution of water from the Indus and its tributaries that feeds 80% of Pakistani irrigated agricultural and hydropower. The treaty has been in place despite wars, and other periods of hostility between both nations.

Malik said that Islamabad is considering a fourth diplomatic solution, which would be to bring the issue before the United Nations Security Council.

He said, "All options are on table and we're pursuing all the appropriate and competent forums that can be approached."

Malik said: "The Treaty cannot be unilaterally suspended and cannot be kept in abeyance. There is no (such) provision in the treaty."

Kushvinder Voihra, recently retired chief of India's Central Water Commission, said: "There is very little (for Pakistan)." I can confirm that we have solid grounds to defend (India's action).

Both government officials and experts say that India cannot immediately stop the flow of water, as the treaty only allows it to build hydropower plants on three rivers allotted to Pakistan without significant storage or large dams.

Farmers, who are already suffering from water shortages due to climate change, have expressed concern. Reporting by Charlotte Greenfield, Islamabad. Additional reporting by Krishna Das, New Delhi. Editing by Raju Gopikrishnan.

(source: Reuters)