Kulbhushan Jadhav case: Pakistan says it does not accept ICJ's jurisdiction

Vincent Carr
May 20, 2017

Sharma also slammed Pakistan over remarks of its Foreign Office spokesperson Nafees Zakaria that ICJ has no jurisdiction to hear the case concerning Jadhav.

Reacting to the development, Pakistan today said it does not accept the International Court of Justice's jurisdiction in matters related to national security, its Foreign Office said today after the United Nations court stayed the execution of Indian national Kulbhushan Jadhav.

Amid the court proceedings in the Kulbhushan Jadhav case, President of the ICJ, Ronny Abraham said that India should have been given consular access as per Vienna convention.

Responding to the ICJ order, Aziz, Pakistan's de facto foreign minister, was reported to have said, "Pakistan's security is so important and we have to maintain our fundamental sovereign right".

Jadhav reportedly joined India's prestigious National Defense Academy in 1987 and was commissioned as an engineer in the Indian Navy in 1991.

Opposition has termed the ICJ's decision against the principles of justice and government's failure on the diplomatic front as it failed to plead its case before the court.

The Pakistan government is facing flak over the handling of the case at the ICJ where it suffered a massive blow after the court stayed Jadhav's death sentence and allowed him counselor access. The court claimed that Jadhav was an Indian intelligence agent and a threat to Pakistan.

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It also noted the urgency of the case since Pakistan had given "no assurance that Mr Jadhav will not be executed before the court has rendered its final decision".

The Finance Minister, who is in Srinagar to attend the two-day GST Council meeting, said the order issued by the ICJ at The Haque was a vindication of India's stand.

The International Court of Justice (ICJ) holds a public hearing on March 6, 2017 in The Hague.

The decision brought relief to India, with the Ministry of External Affairs calling the ruling "unanimous, favourable, clear and unambiguous". "This was a game which started after Jindal's visit to Pakistan", she said. Pakistan was also accused of denying Jadhav a fair trial in violation of global human rights laws.

He also ordered Pakistan to inform the tribunal that it has implemented the decision, and stressed that ICJ decisions are binding on all member states.

In 1998, a Paraguayan man was executed for murder in Virginia despite the worldwide court's order urging the United States to halt his execution in a similar case involving the right to consular access. Last time, Pakistan had moved the ICJ seeking its intervention over the shooting down of its naval aircraft.

Other reports by BadHub

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