Pakistan moves ICJ to rehear Indian 'spy' Jadhav's case

Vincent Carr
May 20, 2017

Pakistan's Punjab province Law Minister Rana Sanaullah said Islamabad would accept the decision of the International Court of Justice on the Indian prisoner on death row Kulbhushan Jadhav.

Pakistan, which announced the sentence on Jadhav on April 10, claims its security forces arrested him from its restive Balochistan province on March 3 previous year after he reportedly entered from Iran. The statement was made after the Nawaz Sharif government faced flak from foreign policy experts, lawyers and Opposition leaders there over the handling of the case. Earlier in the day, Republic TV had reported that there can be changes in Pakistan's legal team of Attorney General of Pakistan Ashtar Ausaf Ali.

Pronouncing the court's order, Abraham said the ICJ had jurisdiction in the matter.

"Pakistan shall take all measures to ensure that Jadhav is not hanged until a final decision by the court", said ICJ Judge Ronny Abraham.

Being an arbitration forum, each contesting state was allowed to nominate one person of its choice to act as an ad hoc judge at the ICJ, Mr Khokhar recalled. In our submissions on 15 May, we had assured the court unambiguously that Jadhav would be provided every opportunity and remedy available under law to defend his case.

Now the task before Sharif, who returned from a trip to China and Hong Kong on Thursday, is how to convince the military to grant India consular access to Jadhav.

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Islamabad could insist on cooperation from India on the investigation into Jadhav's activities, he said.

Jindal is said to be a friend of Indian Prime Minister Narendra Modi.

He called the ICJ's temporary stay of the execution of alleged Indian spy Kulbhushan Jadhav a "setback" for the country and said the government's negligence was evident in the case.

He said that India had misled the court. "Therefore, the 2008 Agreement does not exclude the Court's jurisdiction in the present case", he said. "India should have been given consular access as per Vienna Convention". However, Haresh Salve, counsel for India, contended that the agreement was not registered with the United Nations.

India may have got a breather from the ICJ, but his well-being still remains a matter of concern as Pakistan has provided no information about his location or health condition. ICJ is an worldwide court, and like much global law, the court lacks appropriate enforcement mechanisms.

The three cases were Mexico vs US, Germany vs US and Paraguay vs US.

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