Jadhav row: ICJ directs Pakistan to participate in case filed by India

15 May, 2017, 02:53 | Author: Garry Little
  • Kulbhushan Jaddhav case Pakistan may not accept jurisdiction of ICJ

India has called the death sentence, which has been given to Jadhav by a Field General Court Martial (FGCM) last month, as a "pre-meditated murder".

The Indian diaspora in the capital city of Netherlands, is busy gathering support and wishing that Jadhav's is set free and is soon reunited with his family.

This announcement was made by the ICJ on Wednesday night, a day after it stayed Jadhav's execution following India's initiation of proceedings against Pakistan, accusing it of "egregious violations of the Vienna Convention on Consular Relations".

Pakistan has denied consular access to Jadhav on 16 occasions.

If the Pakistan government is unable to overrule the military court's verdict, then India would urge the ICJ to declare the verdict "illegal" on the basis of which Jadhav could be released.

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India had shot down an Atlantique aircraft and had refused to accept court's jurisdiction on the pretext that it could not hear cases related to disputes between the Commonwealth countries.

India believes this in no way dilutes its decision to approach the ICJ as its petition is focused on adherence to VCCR optional protocol which Pakistan is signatory to. And because Mr Jadhav did not have benefit of counsel, the trial conducted against him by a military court was also vitiated. "They have mentioned national security in their list of exceptions but the question to be asked is how does giving consular access to Jadhav affect Pakistan's security", said former foreign secretary Kanwal Sibal.

Meanwhile, the ICJ has notified that it will hold a public hearing on May 15 in the case pertaining to the conviction of Indian spy Kulbhushan Jadhav. "There are at least three forums of appeals left. Pakistan will argue before the ICJ that since appeals are available in Pakistan therefore the ICJ can not take up the case", a lawyer associated with finalising Pakistan's response said.

The United States withdrew from the ICJ's compulsory jurisdiction in 1986 after the court ruled it owed Nicaragua war reparations. "Pakistan's best defence is that India should exhaust all forums of appeals in Pakistan before contacting the ICJ", he said.

Referring to Vienna Convention on Consular Relations, India told ICJ that Pakistan had rejected 16 requests for consular access to Jadhav since March past year When Islamabad claimed he was arrested in Balochistan. This means Pakistan might not be able to invoke the bilateral treaty before the ICJ.

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