Login With Google
ICJ verdict on Kulbhushan Jadhav case
Why is it in news?
- In a major verdict that accepted India’s plea that former Indian naval officer Kulbhushan Jadhav’s trial under espionage and terror charges in Pakistan violated international law, the International Court of Justice ruled that Pakistan should “review and reconsider” his conviction and death sentence.
More in news
- Consular access: The court also ruled that Pakistan should give the Indian government consular access to Mr. Jadhav which is something Pakistan has failed to do in the three years since his arrest.
- Stay the execution and review process: It also asked Pakistan to stay the execution of his sentence, pending the review process.
- Breach of the Vienna Convention on Consular Relations:(1) The ICJ held that the denial of consular access constituted a “breach” of article 36 para 1(b) of the Vienna Convention on Consular Relations (1963) which Pakistan is a signatory.(2) Act stipulates that all foreign nationals arrested must be given access to their government or local embassy, and rejected Pakistan’s counter-claim that the Vienna convention didn’t apply in a case of espionage.
- Overriding of bilateral agreement on consular access: It also upheld India’s contention that the Vienna convention overrides a 2008 bilateral agreement between India and Pakistan on consular access.
- Unanimous decision:(1) Significantly, all 16 judges on the UN judicial organ’s panel ruled unanimously that the ICJ’s jurisdiction held over the case.(2) On six other contentions, including on the comprehensive violation of the Vienna Convention by Pakistan, the immediate granting of consular access to Mr. Jadhav- ICJ panel ruled 15-1 in India’s favour.
- Pakistan claiming victory: Pakistan’s government also claimed a victory of sorts over the judgment, pointing out that the court had not accepted India’s written and oral submissions asking for the ICJ to annul the Pakistani verdict, and to direct Mr. Jadhav’s release.
Source
The Hindu