How India won at the ICJ and stalled hanging of Kulbhushan Jadhav
The Indian side believed that that the bi-lateral treaty with Pakistan will not be a factor here.
The arguments by India at the International Court of Justice in the Kulbhushan Jadhav case was crucial. India was aware that Pakistan would raise the issue regarding the jurisdiction of the International Court of Justice. In the legal circles there was a lot of worry about this point being raised and to overcome that various other options were used.
BIG win for India: Pakistan cannot execute Kulbhushan Jadhav says ICJ
The
ICJ
on
Thursday
stayed
the
execution
of
Jadhav
by
Pakistan.
India
had
contended
that
he
is
a
former
naval
officer
while
Pakistan
accused
him
of
being
a
spy
India
was
represented
by
senior
counsel,
Harish
Salve
who
according
to
Sushma
Swaraj
charged
just
Re
1
to
fight
the
case.
India
raised
some
crucial
points
while
putting
forth
its
arguments.
Read the Kulbhushan Jadhav order by ICJ here
Consular matter is not about the compulsory jurisdiction of the ICJ over a matter, India had stated. Further India invoked the Optional Protocol of the Vienna Convention on Consular Relations (VCCR). This international treaty has ICJ as the arbiter in disputes.
India further said that the bases for jurisdiction are separate from what happened in 1999 where in an aerial incident, the ICJ had upheld the Indian view on jurisdiction.
The Kulbhushan Jadhav verdict in 9 points
The Indian side believed that that the bi-lateral treaty with Pakistan will not be a factor here. Islamabad has been arguing that this 2008 treaty exempts those cases that are related to national security. However in the UN charter it is stated that "no party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article (102) may invoke that treaty or agreement before any organ of the United Nations". By putting forth this argument, India was able to state that Pakistan will not be able to invoke the bilateral treaty in the ICJ.
Further it was also pointed out that Pakistan had revised its declaration on compulsory jurisdiction, which spells out terms under which Islamabad accepts the ICJ on matters of dispute settlement. India moved the international court under 36 (1) of the ICJ statute, because both India and Pakistan are signatories to the Optional Protocol to the Vienna Convention on Consular Relations.
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