The fact that three vacancies – at the ICJ, ITLOS and the Continental Shelf Commission – have arisen at the same time makes the diplomatic task more complex
Pakistan lost and India won but Kulbhushan Jadhav will not be released, writes a senior Pakistani lawyer.
Hopefully the Jadhav matter will encourage Indian policy makers to take international law and its obligations and institutions more seriously, rather than as an encumbrance or distraction.
Disappointed With ‘Weak’ Arguments, Ruling: How Pakistan Reacted to ICJ Verdict on Kulbhushan Jadhav
“We based our case on jurisdiction and it proved weak.”
After Winning Provisional Battle in Jadhav’s Case at the ICJ, India Must Now Settle in for Long Haul
At this stage, it would probably be in India’s interest to stretch the ICJ case as long as possible, as this would at least ensure that Jadhav is not executed by Pakistan pending a final judgment.
“Pakistan shall take all measures at its disposal to ensure that Mr. Jadhav is not executed pending the final decision in these proceedings.”
“The acts alleged by India are culpable of falling under the Vienna Convention guaranteeing the right to communicate and have access to consular access rights,” the ICJ said.
The International Court of Justice on Thursday stayed Pakistan’s execution of Kulbhushan Jadhav. Siddharth Varadarajan explains why.
If anything, Pakistan’s lawyers made it clear through their points that there is indeed a dispute between the parties over the interpretation and application of the Vienna Convention on Consular Relations.
External affairs minister Sushma Swaraj disclosed this information about the lead attorney in the Jadhav case late last night, in response to a tweet.
India argued that human rights treated as “basics” all over the world had been thrown to the wind by Pakistan in the Kulbhushan Jadhav case.
A fortnight before making its death sentence on the Indian naval officer public, Pakistan narrowed the conditions under which it accepts the world court’s compulsory jurisdiction
With the first hearing of Jadhav’s case set for May 15 at the Hague, there are three possible primary arguments that Pakistan can make.
In the fiftieth episode of Jan Gan Man Ki Baat, Vinod Dua talks about the decision of the International Court of Justice to stay the death sentence of Kulbhushan Jadhav and the killing of Lieutenant Umar Fayaz in Shopian, Kashmir.
ICJ has scheduled oral hearings on the provisional measures requested by India on May 15.
Pakistan may have denied Indian consuls access to Kulbhushan Jadhav but the ICJ is likely to hold Pakistan’s authorities accountable to the standards set in the Vienna Convention.
This is the first time India has initiated a case at the ICJ since 1971 and has chosen to do so because of the possibility that Pakistan might quickly carry put the death sentence imposed on the former Indian naval officer.
Even as the Pakistani opposition frets about the sudden visit of an Indian businessman, the military ups its hand by releasing the ‘confession’ of an ‘Indian-backed’ terrorist.
India also asked for consular access to Jadhav “for the 16th time”. Pakistan has, so far, refused to accede to the Indian request.
The petition requires at least 100,000 signatures before May 14 to qualify for a response from the Trump administration.
Pakistan is yet to heed to India’s request for consular access to Kulbhushan Jadhav, who was given the death penalty by a Pakistani military court on charges of spying.
When it comes to international law, it is mutual respect for rights that is paramount.
Polarisation over Kashmir and Jadhav, and the rise of rhetoric in India and Pakistan, only serves to feed into the narrative of aggressive nationalism that’s taken centre stage in India’s political discourse.
Meanwhile, the minister of state for external affairs V. K. Singh reiterated that the Indian government was considering all steps to get access to Jadhav.
Senior Pakistani official Sartaj Aziz on Friday listed the formal appeal options that Jadhav has under the country’s legal system.
The timing of Kulbhushan Jadhav’s death sentence and the disappearance of a retired Pakistani army officer from near the Indian border has led many to speculate about an imminent swap.
India appears keen to use diplomatic means to resolve the issue, but initiating proceedings against Pakistan before the International Court of Justice would serve us better.
There will be much drama in the Indian media and political circles over Kulbhushan Jadhav – and Pakistan will milk this opportunity to the fullest.
India has said it will go “out of way” to ensure justice to Kulbhushan Jadhav, warning Pakistan that his execution will have consequences on bilateral ties.
Former Indian naval officer Kulbhushan Jadhav has been sentenced to death by Pakistan. Siddharth Varadarajan and Devirupa Mitra discuss how this decision may impact Indo-Pak relations.
Pakistan has sentenced Kulbhushan Jadhav to death for alleged espionage.
India can take Pakistan to the International Court of Justice for denying it consular access to a citizen accused of espionage.
Iran has for the first time publicly said that it is gathering “information” about Indian national Kulbhushan Jadhav, who was arrested by Pakistani security agencies on charges of being an Indian spy.
As Islamabad’s envoy demurs, India insists it allowed the Pakistani joint investigation team to visit the Pathankot air base on the ‘basis of reciprocity’ and that the National Investigation Agency would like to visit Pakistan to take its terror investigations forward
A survey of the press coverage of the alleged Indian spy captured by Pakistani authorities demonstrates that despite more or less balanced reports emerging from regional and western media outlets, Pakistani newspapers have taken his ‘confession’ while in Pakistani custody at face value, and not questioning whether some element of coercion might have been in play.
The foreign ministry continues to refer to Kulbushan Jadhav as a “former Indian Naval officer” and believes his ‘confession’ to being an Indian spy was coached.
The Pakistani side thinks it has scored a major diplomatic triumph by getting an Indian man to confess to espionage and subversion, the Indian side dismisses the charges as baseless. Where does the truth lie?
For the benefit of The Wire’s readers, we are providing a transcript of the ‘confessional’ video released by the Pakistani government on March 29 in which Kulbhushan Jadhav, the Indian man arrested on charges of being a spy, says he is a serving navy officer and an operative of the Research and Analysis Wing.
If we work with the assumption that Jadhav is indeed an Indian intelligence officer, there are several possibilities here.