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Jadhav Case: India and Pakistan to Face-off in ICJ Today
A file photo of judges presiding over a case at the ICJ. (Photo: Reuters)
New Delhi: It's a crucial day in India's bid to save Kulbhushan Jadhav from the gallows in Pakistan. For the first time in over four decades, India has knocked the doors of the International Court of Justice (ICJ).
Jadhav was handed a death sentence by Pakistan's military court on 10th April. He was arrested in March last year on charges of espionage India has already filed an appeal on behalf of Jadhav's mother in Pakistan. But a sense of urgency has pushed India to simultaneously approach the ICJ as 16 requests for consular access to Jadhav have been denied so far.
The public hearing will start at The Hague, Netherlands, from 1.30pm IST. India will be represented by senior counsel Harish Salve. Both sides have been given one and a half hour each to make their case.
Here's why India has taken Pakistan to the ICJ?
- In its petition made on May 8, India says there is an 'egregious violations of the Vienna Convention on Consular Relations'
- Both India and Pakistan are signatories to the Optional Protocol concerning compulsory settlement of disputes.
- India was not informed of Jadhav’s detention until long after his arrest
- Pakistan failed to inform the accused of his rights
- Pakistan are denying India its right of consular access to Jadhav despite repeated requests.
What is likely to be Pakistan's response?
- Pakistan will insist this case will follow its domestic laws not Vienna Convention
- Consular access can be denied in cases related to national security
- Jadhav was tried in a military court as he is a naval officer
- It may also say that all legal remedies have not been exhausted yet in Pakistan and so it is not the right time for ICJ to intervene.
Here's India's plea to ICJ
- Immediate suspension of the death sentence awarded to the accused
- Declaring the sentence of the military court brazen defiance of the Vienna Convention
- Restraining Pakistan from giving effect to the sentence awarded & directing it to take steps to annul the decision
- If Pakistan is unable to annul the decision, then ICJ should declare the decision illegal
The ICJ is the judicial organ of the UN that settles legal disputes submitted to it by states.
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