The International Court of Justice (ICJ) has directed Pakistan to review Kulbhushan Jadav’s conviction and, until then, put his death sentence on hold.
The court has also asked Islamabad to allow New Delhi consular access at the earliest.
Who is Kulbhushan Jadhav?
Kulbushan Jadhav, 49, was arrested in Pakistan allegedly in March 2016.
He was sentenced to death on charges of espionage and terrorism in April 2017.
Pakistan alleges that Jadhav is a serving Indian naval officer, who was tasked by the Indian intelligence agencies to destabilize Pakistan.
India, however, claims that Jadhav is a former Indian naval officer.
He was running a business in Iran from where he was kidnapped and shown to have been arrested in Baluchistan.
India also maintains that he had no links with the government.
What was the contention?
Despite repeated attempts, Pakistan had denied India consular access to Jadhav under Article 36 of the Vienna Convention on Consular Relations.
[The convention deals with the arrest, detention and trial of a foreign citizen. Click here to know more.]
India tried initiating legal proceedings against Pakistan before the ICJ for the violation of the convention on providing for consular access.
However, Pakistan had argued that the International Court of Justice had no jurisdiction in this case.
Later, the ICJ rejected Pakistan's argument in this regard.
The court said it could hear the case because it involved an alleged violation of one of the clauses of the Vienna Convention.
Notably, both Pakistan and India have ascribed to the convention and its interpretation falls under the ICJ’s purview.
The ICJ also directed that meanwhile, Pakistan should take all measures to ensure that Mr Jadhav is not executed till the final decision of the court.
The court also said Pakistan should inform it of all measures taken in implementation of the order.
However, this was a preliminary ruling and all issues were open for adjudication at the final stage. Click here to know more
What is the current ICJ verdict?
Pakistan must undertake an “effective review and reconsideration of the conviction and sentence” of Kulbhushan Jadhav.
Pakistan is under an obligation to inform Jadhav of his rights.
It should also provide Indian consular officers access to him in accordance with Article 36 of the Vienna Convention on Consular Relations.
[ICJ noted that Pakistan deprived India of the right to communicate with and have access to Kulbhushan Jadhav, to visit him in detention and to arrange for his legal representation.]
However, ICJ rejected India’s call on annulment of military court decision convicting Kulbhushan Jadhav, his release and safe passage to India.
Pakistan had argued that India had failed to prove Jadhav’s nationality.
However, ICJ said that it was satisfied that the evidence was sufficient to be certain of Jadhav’s Indian nationality.
ICJ noted that there was a three-week delay in informing India about Jadhav’s arrest on March 3, 2016.
This has led to a breach of Pakistan’s obligations under the convention.
What is the significance?
The International Covenant on Civil and Political Rights (ICCPR) recognises the right to an effective defence against criminal charges, and to a fair and impartial trial.
By denying consular access, Pakistan has stood in gross violation of both the Vienna Convention and the ICCPR.
There is also a concern over Pakistan’s sponsorship of terrorist activities along the Iran-Pakistan border.
Given all these, the present ICJ verdict constitutes a major diplomatic and legal victory for India.
Significantly, India has rightly chosen to go the ‘international way’ by fielding a formidable legal team led by the jurist, Harish Salve.
India has been demonstrating the significant synergy between various stakeholders in this case.
In all, India’s more successful legal journey to the ICJ must now reshape New Delhi’s approach to similar potentially difficult situations.
Source: Indian Express, The Hindu
Quick Fact
International Court of Justice
The International Court of Justice (ICJ) was established in 1945 after half a century of international conflict in the form of two World Wars.
The ICJ functions with its seat at The Hague, Netherlands.
It has the jurisdiction to settle disputes between countries and examine cases pertaining to violation of human rights.
It adjudicates cases according to the tenets of international law and is the judicial arm of the United Nations.
ICJ is different from the ICC (International Criminal Court) which is a permanent tribunal created to prosecute individuals for genocide, crimes against humanity, war crimes and the crime of aggression.
While ICJ is the primary judicial organ of the UN, the ICC is legally and functionally independent from the UN.
