Defence News: Indian lawyer Harish Salve gave the rouge nation so much worry, that they decided to replace Khawar qureshi. Qureshi was representing Pakistan in International court of justice. The ICJ accepting India’s plea, said Pakistan must not hang Jadhav until the court hears the matter in full and Islamabad must inform the ICJ of the steps it has taken to ensure Jadhav is not executed.
Aziz, Pakistan’s foreign minister, has reportedly said, “Pakistan’s security is so important and we have to maintain our fundamental sovereign right.” It’s a different story that this sovereign claim leaves much to be debated though. Jadhav was ordered to death but a kangaroo court in Pakistan, after they had kidnapped him from Iran and declared him to be an Indian Spies.
What is so different about India’s approach.
India has maintained that Kulbhushan Jadhav is not a spy and was a retired Navy officer who was on his own business in Iran when he was kidnapped by Pakistan. In case of spies, the country disowns their affiliation and get away from controversies arising out of them. India has had a great diplomatic win by this ICJ order. Indian diplomacy and polity took great risk considering the fact that the case might have been rejected outright and it may have faced embarrassment. India’s resolve to look beyond statecraft and humanely consider Jadhav’s condition to go into a fight internationally with Pakistan deserves its own share of praise.
What the court said
Not only did it stay the death sentence of Jadhav, it dismissed Pakistan’s call for “urgency” in executing him for their so called “national security”. The court observed: “Pakistan shall take all measures at its disposal to ensure that Jadhav is not executed pending the final decision in these proceedings and shall inform the Court of all the measures taken in implementation of the present Order. The Court also decides that, until it has given its final decision, it shall remain seised of the matters which form the subject-matter of this Order.”
Does the ICJ have any enforceability?
The international courts lack enforce-ability in its judgments against sovereign states in true sense. Despite this fact, the ICJ has made clear that it’s decision is binding on Pakistan.If they still go ahead with the execution not only they will find themselves on international receiving end in ways of sanctions, Pakistan will further pay a heavy diplomatic price. It will go down as a failed, rouge state that has no credibility (not that it has much now) in international circles. India will find almost no pressure to show restraint when punishing it for it’s acts in the future. Also there will be no friends (apart from it’s colonial master China) for Pakistan in the international arena should it continue to show such brazen acts of barbarism.
India should continue to pursue the case with more rigor and evidence. We should not leave a stone upturned in order to have Jadhav released. I for one would not hesitate to say to our leadership that even if it means war, we should start putting military options to free Indians trapped by Pakistan. We should have a strong political resolve. If Pakistan tries to circumvent the court order into carrying out the death sentence. India should respond officially and openly with military action to set an example.