The ICJ ordered Pakistan not to execute Kulbhushan Jadhav, in a case that has further strained relations between the neighbours
Soon after the 11-judge ICJ bench unanimously stayed Kulbhushan Jadhav's execution, Prime Minister Narendra Modi called External Affairs Minister Sushma Swaraj, thanking her and appreciating the efforts of India's attorney at the ICJ, Harish Salve, in securing a temporary victory. Top officials at the Ministry of External Affairs (MEA), though confident that the world court would take into account violations of the Vienna Convention by Pakistan, had gathered at the South Block conference hall to watch the proceedings. As President Ronny Abraham read the verdict in the ornate Great Hall of Justice in The Hague, his assertion that the case was indeed debatable, and the ICJ had, prime facie, jurisdiction in the case, brought smiles on the tense and looming faces in the room. It was huge relief, admitted Ministry of External Affairs spokesperson Gopal Baglay, who was awaiting to get a brief from the minister and his top officials to carry out his usual weekly press briefing.
Union Law Minister Ravi Shankar Prasad admitted it was a "tough and risky decision". Giving credit to the PM for taking a risk to save an Indian citizen's life, he said the victory at Hague was a team effort. "The go-ahead came from the PM. He is known for taking risks like this," he said.
Swaraj took to Twitter to tell people about the "great relief" she felt and vowed to "leave no stone unturned" to save Jadhav from the gallows.
"The ICJ order has come as a great relief to the family of Kulbhushan Jadhav and the people of India. We are grateful to Harish Salve for presenting India's case so effectively before ICJ. I assure the nation that under the leadership of PM Modi, we will leave no stone unturned to save (him)," Swaraj said in a series of tweets.
The case has also highlighted the recent sharp upsurge in tensions between the two countries. Pakistan claims that Jadhav was arrested in the restive Pakistani province of Balochistan in March 2016, and had confessed to spying for Indian intelligence services. But, India maintained he was kidnapped by Pakistan from the Iranian port of Chahbhar. Outlining the reasons for its decision, Abraham said Pakistan had "given no assurance" Jadhav would not be executed before the court delivered its final decision. "The fact that Jadhav is under a death sentence and might therefore be executed is sufficient to demonstrate the existence of a risk of irreparable prejudice to the rights claimed by India," he added. Therefore the court was "satisfied" of the "urgency" of the case.
The court further observed that the existence of a 2008 bilateral agreement between the two countries on consular relations does not change its conclusion on jurisdiction.
The court then turned to the question on whether the rights alleged by India are at least plausible.
It observed that the rights to consular notification and access between a State and its nationals, as well as the obligations of the detaining state to inform the person concerned without delay of his rights with regard to consular assistance and to allow their exercise, are recognised in Article 36, paragraph 1, of the Vienna Convention, and that India has alleged violations of this provision.
In case of Pakistan rejecting the ICJ order and going ahead with execution, India has now room to approach the United Nations Security Council (UNSC) to initiate punitive measures against Islamabad. The UN charter entails that 'each member of the United Nations undertakes to comply with the decision of the International Court of Justice' and 'if any party to a case fails to perform the obligations, the other party may have recourse to the Security Council. But, whether after ICJ completes hearings, will bring cheers to India's diplomatic community or open Pandora's Box, remains to be watched.
WHAT WENT DOWN
As President Ronny Abraham read the verdict in the ornate Great Hall of Justice in The Hague, his assertion that the case was indeed debatable, and the ICJ had, prime facie, jurisdiction in the case, brought smiles on the tense faces in the room.
India has now room to approach the UNSC to initiate punitive measures against Islamabad.
TIMELINE
- May 18, 2017
A 15-judge bench of the ICJ stays the execution of Kulbhushan Jadhav by Pakistani military court until further notice.
- May 15, 2017
The ICJ hears the case as India and Pakistan presents their argument in the trial
- May 9, 2017
India petitions the ICJ, which stays the execution
- April 26, 2017
Pakistan denies India’s 16th request for consular access to Jadhav
- April 10, 2017
Jadhav handed over a death sentence by a military court
- March 3, 2017
Pakistan government refuses to extradicate Kulbhushan Jadhav
Indian officials asks Pakistan to follow International norms
- January 6, 2017
Pakistan hands over dossier on India’s interference and terrorism in Pakistan to United Nations
- Dec 7, 2016
Sartaj Aziz, foreign affairs advisor to Pakistan PM, admits there isn’t enough evidence against Jadhav
- March 29, 2016
Pakistan releases video showing Jadhav “confessing” to his crimes
- March 25, 2016
Indian authorities are notified about Jadhav’s arrest in a press release
- March 3, 2016
Kulbhushan Jadhav arrested by Pakistan on charges of spying
Compiled by DNA – Research N Archives
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