The ICJ stops Kulbhushan Jadhav execution by stepping into the case. Pakistan’s legal experts and analysts were confident that ICJ Jurisdiction would create hurdles. However, it does not seem to be the case.
Unlike the common belief, ICJ has come in to stop Kulbhushan Jadhav execution, even if it may temporarily work for India.
Reason for Stepping in to Stop Kulbhushan Jadhav Execution
The court did not get into the debate of ICJ jurisdiction, putting aside the verdict of the Pakistani side. The court gave the reason that Pakistan is violating one of the Vienna Conventions. India and Pakistan have to follow the Vienna Convention mandatorily.
The ICJ court says that Pakistan did not give the Indian spy Kulbhushan Jadhav consular access. The court further says that Pakistan must need to enforce measures to stop Kulbhushan Jadhav execution. Lastly, the court wants Pakistan to keep it updated with all the steps it takes for implementation of its order.
Pakistani Side Still Hopeful of the Kulbhushan Jadhav Case
Ashtar Ausaf put forth the argument that the ICJ court is maintaining status quo in Kulbhushan Jadhav execution case. He argued that the ICJ court has only given temporary relief to the Indian side. On critics who say Pakistan should not have challenged ICJ jurisdiction, he says that his side had to be present in the court to question the jurisdiction.
He further said that Pakistan always wants to resolve all matters via peaceful means. He also maintained that India could not hide its subversive anti-Pakistan activities with agents like Kulbhushan Jadhav.
ICJ Court’s Reason to Intervene in Kulbhushan Jadhav Execution
The court contends that since India and Pakistan do not agree on consular access, it has to interfere. ICJ states that the court is only interfering because of difference in interpretation of Vienna Convention. The court, as of now, wants to give the so-called consular access rights to Kulbhushan Jadhav.
The court states it as a matter of urgency since Pakistan may continue with Kulbhushan Jadhav execution after August 2017. ICJ court further says that Pakistan did not give any assurance if it does not go on with Kulbhushan Jadhav execution.
The FGCM awarded death sentence to Kulbhushan Jadhav for his espionage and anti-state activities. Pakistan has followed all legal procedures and also gave legal counsel access to the Indian spy. However, India remains adamant of its spies’ innocence.
The International Court of Justice must remember that it did not listen to Pakistani case against India in the past. By deciding this case in any one country’s favor, it will set precedents for years to come. Similarly, by interfering in Pakistan’s internal matters, ICJ may open up a Pandora’s box. Every country will consider going to ICJ for a case against any other state.