Thursday, July 18, 2019

Kulbhushan Jadhav Case, How India Achieved Great Success In International Court Of Justice

Kulbhushan Jadhav is a former officer of the Indian Navy. After retiring from the Navy, Kulbhushan Jadhav started his business in Iran. Pakistan says that on March 29, 2016, he arrested Jadhav from Balochistan, while India says that Kulbhushan was arrested from Iran.

India Arguments In International Court Of Justice 

  • During the arrest and punishment of Jadhav, Pakistan breach the international law and the Vienna convention. 
  • With the cancellation of Pakistan military court decision, Jadhav death sentence should be stopped.
  • Rejecting Jadhav confession, his case should be re-entered in the civilian court. 
  • Jadhav should be given legal aid, diplomatic access and India should be allowed to have its own legal stand.

Pakistan Arguments In International Court Of Justice 

  • India claims should be termed as baseless. India claim that our military court does not have qualified judges and officers.Our judiciary is independent. 
  • India has sought relief from the ICJ which is not within the purview of the ICJ. 
  • Jadhav has been given full legal advice or aid in Pakistan.
  • We have strong evidence against Jadhav. There is also a video of his confession.
  • Pakistan did not give Jadhav consular access because of his involvement with the spying.

ICJ Judgment

On the issue of kulbhushan jadhav, who is facing the death sentence in Pakistan on the allegations of spying, India has achieved great success in the international court.The court has agreed with India plea and directed Pakistan to think effectively again on the death sentence awarded to Jadhav and to give consular access.

The International Court of Justice ruled with a majority of 15 -1 and said that despite repeated appeals Pakistan did not allow Jadhav to consular access and also did not give lawyer, which is a violation of the rights of India under the Vienna convention. In 15 judges, only the Pakistani judge opposed. China judge is also in favor of India.

International Court President Abdulqawi Ahmed Yusuf said that Pakistan had given the information of Jadhav arrest three weeks later, which is wrong. There was no fair trial of Jadhav's case in Pakistan. Pakistan failed to prove that due to which so-called action in India, it failed to fulfill its obligation.

Pakistan violated these international laws

  • In the case of Jadhav arrest, detention and prosecution, Pakistan violated the Vienna Convention on Consular Relations,1963 because Pakistan had said directly that Indian officials will not be allowed to meet Kulbhushan.
  • Pakistan did not immediately inform Indian officials after arresting Jadhav. Rather reported 3 weeks later.
  • Pakistan has violated Article 36 (1) (b) of the Vienna Convention because Pakistan did not give Jadhav legal adviser and lawyer to fight the case.
  • Breaking the rules of the International Covenant on Civil and Political Rights. Right to make an effective argument against criminal charges was taken away from Kulbhushan Jadhav. 

Is a country forced to obey the decision of the international court? 

The answer is that in the case of Jadhav, theoretically Pakistan will be compelled to accept ICJ decision. Because India  appeal has been given on the basis of the Vienna Convention. The treaty has been signed by Pakistan. Or say, countries that have signed the treaty are obligated to abide by the ICJ decision.

But there are instances where countries did not accept the ICJ  decision. Once the US Court convicted 51 Mexican citizens for their conviction. Mexico reached the ICJ. In 2004, the ICJ ruled against the US , but the US did not accept the ruling and said that no one can sideline our national laws.

So, it can be said that the country is not compelled to accept the ICJ decision. If a country refuses to accept the decision, then the role of the UN Security Council becomes crucial. Then there's voting in case.

Download Judgment, Click here