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India drags Pakistan to ICJ over Jadhav

Defence News: Harish Salve will argue Jadhav’s case on Monday asking the court to declare Pakistan’s execution order a violation of international law. This will be a unique case where India takes Pakistan to the International court of Justice. India’s move in the ICJ regarding Kulbhushan Jadhav was quick and caught Pakistan, by surprise.

Indian Defence news Mr. Jadhav

Pakistan has said the execution order for kidnapped Ex. Navy officer Kulbhushan Jadhav is irreversible and that prompted India to move the ICJ. India knows what it is a waste to reason with Pakistan who have kidnapped Mr. Jadhav from Iran and declared him a spy in desperation of search for some form of revenge against India. Pakistan has taken one beating after another internationally for fermenting terror. After such a diplomatic assault, an army incapable and inferior in strength to meet India in open war found it useful to command the puppet political leadership to declare Jadhav as a RAW agent and spy.

The Indian intent to stay Jadhav’s execution has been successful. For this, India took advantage of a small loophole in international law to file a one-off case against Pakistan on Jadhav. While both India and Pakistan signed on to the ICJ in 1960, both countries included caveats which prevented each side from being sued by another Commonwealth country. It was the same reason why India could not sue Pakistan over the murder and mutilation of Saurabh Kalia during Kargil. Pakistan similarly could not sue India over downing of the Atlantique. But when the two countries signed on to the Vienna Convention, “Article I of the Optional Protocol to the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes of 24 April 1963” gave jurisdiction on consular matters to ICJ. That is the provision India has used this time. {excerpt: TOI}

Secondly, India is asking the court to declare Pakistan’s execution order a violation of international law. The ICJ, in its statement, said India sought “relief by way of restitution in interregnum by declaring that the sentence of the military court arrived at, in brazen defiance of the Vienna Convention rights under Article 36, particularly Article 36[,] paragraph 1 (b), and in defiance of elementary human rights of an accused which are also to be given effect as mandated under Article 14 of the 1966 International Covenant on Civil and Political Rights, is violative of international law and the provisions of the Vienna Convention.”  Third, India as requested ICJ to get Pakistan to annul the execution decision. {excerpt: TOI}

The order by Rony Abraham states, “in my capacity as president of the court, and exercising the powers conferred upon me under Article 74, paragraph 4 of the rules of the court, I call upon Your Excellency’s government, pending the court’s decision on the request for the indication of provisional measures to act in such a way as will enable any order the Court may make on this request to have its appropriate effects.”

It remains to be seen what becomes of this case and if this is the way to get Mr. Jadhav back to his home. It is imperative that India starts to put serious options on the table and not shy away from using them. This will go a long way of telling the enemy, we had enough.

Pakistan had been denying counselor access to Jadhav on the excuse that it is not for “Spies”. Pakistan (read Army) is quite desperate at this time, that it is investing heavily in lies and silly games to take “revenge” from India. The desperation has seen such a low that it has now hired kashmiri youth (with brainwash potential) to pelt stones and kidnap innocent Indians to declare them spies. It is evident that a failing state will make all the noise and motion before finally going down.

Written by Baldeva Singh

Baldeva Singh is a tough talking nationalist who has a flair for writing. Defence matters, technical details on weapons and war scenarios are his key expert areas. Baldev is known to walk the talk in his personal life. He is from Patiala (Punjab). His friends call him a "blunt weapon" but he is often found reading old books when free!

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