Dams on Chenab — a target?

INDIA is fast-tracking at least four major hydro projects on the upper stretches of the Chenab, including Pakal Dul, Kiru, Kwar, Ratle and the massive Sawalkote project. Tenders have been issued. Several private consultants and contracting companies have entered the process, such as Afcon Infrastructure, Bharat Heavy Electricals, Andritz Hydro, Patel Engineering and others. A legal question often asked by our think tanks is: can Pakistan carry out a strike against any dam, pondage or water tunnel that India says it will construct on the Chenab? The question is raised in the context of the very specific protection accorded to dams, dykes and similar sites during armed conflict under Article 56 of Additional Protocol I to the Geneva Conventions of 1949. The reply is simple: such a structure, though civilian property, loses its protection rights when it is itself being used as a tool to achieve the military objective of subjugating a lower riparian. In this case, civilian infrastructure under construction, like a dam, is no longer protected because it is being built for military purposes. India’s openly owned narrative will help Pakistan argue successfully that the dams on the Chenab are being made with stated belligerent intent. For instance, India’s own minister for water resources, C.R. Patil, recently said “It is certain, not a single drop of water will go [to Pakistan] in the coming years”. This statement reflects the Indian government’s policy position. Neither recalled nor corrected by India’s foreign ministry or the Prime Minister’s Office, these remarks leave no doubt about India’s belligerent intent and hostile action, accompanied by its position that Operation Sindoor is not over. According to its version, holding the Indus Waters Treaty (IWT) in abeyance is one of several belligerent actions it can take during this ongoing self-declared war. Thus, an armed conflict situation continues between Pakistan and India. India is not holding back its belligerent act