Chinmaya IAS Academy – Current Affairs Chinmaya IAS Academy – Current Affairs
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World court rejects claim that the Vienna Convention doesn’t apply in a ‘spy case’
In a major verdict that accepted India’s plea that former Indian naval officer Kulbhushan Jadhav’s trial under espionage and terror charges in Pakistan violated international law, the International Court of Justice ruled that Pakistan should “review and reconsider” his conviction and death sentence. The court, based at The Hague in the Netherlands, also ruled that Pakistan should give the Indian government consular access to Mr. Jadhav, something Pakistan has failed to do in the three years since his arrest, and to stay the execution of his sentence, pending the review process.
The verdict was welcomed by Prime Minister Narendra Modi, the government and by leaders across the political spectrum. External Affairs S. Jaishankar said that he had spoken to Mr. Jadhav’s family after the verdict was delivered, and “applauded their courage.” Significantly, all 16 judges on the panel ruled unanimously that the ICJ’s jurisdiction held over the case. On six other contentions, including on the comprehensive violation of the Vienna Convention by Pakistan, the immediate granting of consular access to Mr. Jadhav, an “effective review and reconsideration of the conviction and sentence”, and a continued stay of execution, the ICJ panel ruled 15-1 in India’s favour. Pakistani Judge, Justice Jillani, was the lone dissenter on those rulings.
The Pakistan government claimed a victory of sorts, pointing out that the court had not accepted India’s submissions asking for cancellation of the Pakistani verdict, and to direct Mr. Jadhav’s release. “Commander Jadhav shall remain in Pakistan. He shall be treated in accordance with the laws of Pakistan,” tweeted Foreign Minister Shah Mehmood Qureshi.
