ICJ says Pakistan can’t hang Kulbhushan Jadhav till final order
Ruling in favour of India with regard to provisional measures, the International Court of Justice (ICJ) on Thursday said that Pakistan should take all measures in its power to ensure that Kulbhushan Jadhav is not executed before the final verdict in the case. Further, it ordered that Pakistan would have to inform the court about all such measures. India should have been given consular access to Jadhav under the Vienna Convention, the ICJ ruled. The ICJ asserted its jurisdiction over the case of Jadhav, who has been sentenced to death by Pakistan on charges of espionage and subversive activities.
Also, the court said that both India and Pakistan agreed that Jadhav is an Indian citizen. Deflating one of Pakistan’s key arguments, the ICJ also said that the Vienna Convention did not exclude those found guilty of terror and espionage. The circumstances of Jadhav’s arrest remain disputed, ICJ president Ronny Abraham said while reading out his verdict. The 11-judge bench of the UN’s highest court is presenting its verdict two days after India and Pakistan gave their submissions on the 46-year-old former Indian Navy officer.
On Monday, India and Pakistan crossed swords at the ICJ over Jadhav’s case, with New Delhi demanding the immediate suspension of Jadhav’s death sentence and Islamabad calling India’s application “unnecessary” and “misconceived”. Pakistan rejected India’s plea on the ground that India had no right to invoke the jurisdiction of the UN’s highest court because the Vienna Convention does not provide for matters relating to spies, terrorists and those who indulge in espionage. However, Islamabad suffered a jolt when it was not allowed by the court to play the video containing a purported confession by Jadhav, who India says was abducted from Iran and taken to Balochistan.
Before Monday’s hearing, the ICJ had also made it clear that “pending the meeting of the court, the President may call upon the parties to act in such a way as will enable any order the court may make on the request for provisional measures to have its appropriate effects”. Jadhav, a retired navy officer, was accused of being an operative of the Indian intelligence agency, RAW, and arrested in Balochistan on March 3, 2016. Subsequently, on May 8 this year, India moved a petition in the UN seeking justice for Jadhav after being denied 16 consular accesses, alleging a violation of the Vienna Convention on Consular Relations by Pakistan.
Source : http://www.business-standard.com