Kulbhushan Jadhav case- India, Pakistan to face-off at ICJ
On 15th May, India and Pakistan will commence their legal battle over Kulbhushan Jadhav's death sentence in the International Court of Justice (ICJ). The Hague-based court last week put a stay on Jadhav's execution after India appealed for the same. Senior lawyer Harish Salve will argue for India at ICJ. India claims that it approached ICJ after Jadhav was denied consular access 16 times.
Who is Kulbhushan Jadhav?
Kulbhushan Sudhir Jadhav, a Mumbai native is believed to be a Research and Analysis Wing (R&AW) agent. A Lieutenant Colonel in the Indian Navy, he is said to have sought retirement in 2013 to start his own business. At the time of his arrest at the Iran-Pakistan border in March 2016, he held an Indian passport in the name of Hussein Mubarak Patel.
What did Pakistan allege?
Pakistan claims that Jadhav was running a terrorist training financing network operating from Chabahar (Iran), Makran (Pakistan) and adjacent districts in Afghanistan. Running a cargo business out of Chabahar and Bandar-Abbas ports in Iran, Jadhav worked towards orchestrating subversive activities in the region. According to Pakistan's Inter-services Public Relations Wing (ISPR), "Jadhav has been held guilty for waging war against the country".
Kulbhushan Jadhav's death sentence stayed by International Court of Justice
The International Court of Justice (ICJ) on Tuesday stayed the hanging of Kulbhushan Jadhav, sentenced to death by the Pakistani military court for spying. India had appealed to the ICJ that it was unaware of Jadhav's detention for a long time; Jadhav, too, wasn't informed of his rights. Pakistan also violated the Vienna Convention by denying India its right of consular access to Jadhav.
Sharif, Army Chief discuss ICJ verdict on Jadhav
Pakistan PM Nawaz Sharif and the country's army chief began discussing the options to move forward after the International Court of Justice's verdict on staying the Kulbhushan Jadhav's hanging. Pakistan PM's Advisor on Foreign Affairs Sartaj Aziz said "We are analyzing the Indian petition and the ICJ's authority in this case." He said Pakistan's Foreign Office would soon release a statement on the matter.
Kulbhushan Jadhav case- India, Pakistan to face-off at ICJ
On 15th May, India and Pakistan will commence their legal battle over Kulbhushan Jadhav's death sentence in the International Court of Justice (ICJ). The Hague-based court last week put a stay on Jadhav's execution after India appealed for the same. Senior lawyer Harish Salve will argue for India at ICJ. India claims that it approached ICJ after Jadhav was denied consular access 16 times.
India has had a tough time at ICJ
India has not had a good history with the ICJ. India approached the ICJ in 1965 over the Rann of Kutch dispute, and the court ended up awarding 9100 sq km of the area to Pakistan. In 1971, the ICJ pulled up India for closing its airspace to Pakistani planes. This time India approached the ICJ over Pakistan's denial of consular-access to Jadhav.
Is the ICJ's verdict binding?
The ICJ's verdicts are not binding upon any state as it does not have the jurisdiction to enforce any verdicts. However, a copy of the verdict is forwarded to the UNSC, and parties can approach the UNSC seeking enforcement of the decision.
