Why Kulbhushan Jadhav's fate still lies in the hands of the Pakistan Generals

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India scored a major victory at the International Court of Justice after the execution of Kulbhushan Jadhav was stayed. While India has every reason to be happy about it, the fact is will the Generals of Pakistan abide by the same? After all the Jadhav sentencing was set up by the Generals of Pakistan to derail Prime Minister Nawaz Sharrif's efforts to seek out peace with India.

Kulbhushan Jadhav

The Generals would have to take a tough call. Going ahead with the execution despite the ICJ's verdict would risk international opprobrium. Not going ahead with the verdict would invite the wrath of the hardline 'Mullah's' in their own land.

It would be a choice between the devil and deep sea, but the fact of the matter is that the fate of Jadhav still lies in the hands of the Pakistan military.

In 2008 the Supreme Court of the United States held that The Hague's orders could not prevail over domestic law, clearing the way for the execution of some of the prisoners on whose behalf the Avena case had been fought.

The Generals could quote this order before the Pakistan Supreme Court. It is likely that the Pakistan Supreme Court may cite the US order and allow the execution.

The question is will Pakistan wait for the final order of the ICJ? Both sides will have a lot to argue before the ICJ which is expected to give out its final verdict in the month of August. The verdict however does pose a big test for the Pakistan generals. Will they push forward with the execution and risk the anger of their own community. Only time will tell.

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