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prelims Test Series 2019
बेसिक इंग्लिश का दूसरा सत्र (कक्षा प्रारंभ : 22 अक्तूबर, शाम 3:30 से 5:30)
Q. Kulbhushan Jadhav case and ICJ: Discuss the ruling of International Court of Justice in Kulbhusahan Jadhav case.
May 22, 2017 Related to : GS Paper-2

Ans :

Introduction-

The International Court of Justice (ICJ) at The Hague has effectively stayed the execution of former Indian Navy officer Kulbhushan Jadhav, who has been sentenced to death in Pakistan on espionage charges. With preliminary orders of ICJ, India has won the battle of perceptions among members of the international community. 

Issue-

Kulbhushan Jadhav is an Indian national arrested by Pakistani forces over charges of spying for India’s intelligence agency, the Research and Analysis Wing (RAW). The Field General Court Martial (FGCM) in Pakistan has announced death sentence to Mr. Jadhav.

Analysis-

  • With order of ICJ, India has achieved its immediate objective in approaching the ICJ, which has outlined provisional measures that enjoin Pakistan to take all steps needed to ensure that Mr. Jadhav is not executed pending adjudication of the matter.
  • The ICJ has rejected Pakistan’s objections regarding the urgency of the matter and it also has rejected objections to its jurisdiction on this matter.
  • Now, the Pakistan should inform the court about the steps it takes to implement the order. The ICJ judges are clear that these provisional measures are binding and create international legal obligations for the country to which they are addressed.
  • The court noted that irreparable prejudice would be caused if the court did not indicate provisional measures, especially in the absence of any assurance from Pakistan that he would not be executed before the final decision.
  • Though India got success over jurisdiction and urgency of matter, but, as it is preliminary order, hence all issues are open for adjudication at the final stage. 
  • For now, the ICJ has taken into account the allegation of denial of consular access, and ruled that prima facie, this brought the issue within the purview of the Optional Protocol to the Vienna Convention which says disputes regarding the interpretation of the Convention would be subject to the compulsory jurisdiction of the ICJ.
  • Now, the Pakistan is under an obligation to grant consular access to Mr. Jadhav.  Though it is theoretically possible for Pakistan to ignore the ICJ’s order, but such action would undermine its international credibility. 
  • Hence now, India will have to leverage the moral and diplomatic advantage it has obtained through this ruling to help Mr. Jadhav prove his innocence before a civilian court and win his freedom. Pakistan must act responsibly and abide by the fundamental norms of international law.

Conclusion-

The recent ruling of International Court of Justice in Kulbhushan Jadav case is welcome move and it enhanced the India’s stand on this case. Now Pakistan should obey the ICJ ruling and should provide consular access to Mr. Jadhav. Now India should to leverage the moral and diplomatic advantage to prove innocence of Mr. Jadhav.


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