Published: Fri, May 19, 2017
Medicine | By Earnest Bishop

ICJ order serious indictment of Pak judicial system: Jaitley

ICJ order serious indictment of Pak judicial system: Jaitley

In a provisional win for India, the International Court of Justice stayed the execution of Kulbhushan Jadhav, a retired Indian naval officer whom Pakistan arrested a year ago and convicted of espionage.

The case - a rare foray for the two nations into the global courts - has highlighted the recent sharp upsurge in tensions between the nuclear-armed rivals.

The U.N. court ruled unanimously that Pakistan shouldn't carry out the death penalty on Kulbhushan Jadhav pending the outcome of a case filed by India alleging that Pakistan breached Jadhav's right to consular assistance following his arrest previous year.

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. But death sentences have rarely been issued in recent years.

Hailing the verdict by the International Court of Justice (ICJ) in the Kulbhushan Jadhav case, Baloch Diaspora France President Ali Akbar Mengal said the decision is a "victory for humanity".

A Pakistan Bar Council executive member, Raheel Kamran Sheikh, was quoted as saying it was a "matter of concern" that the success rate of Pakistan in worldwide arbitration cases was 2 per cent while India's success rate was 60 per cent.

After suffering a major setback at the International Court of Justice in the Kulbhushan Jadhav death penalty case, Pakistan is set to replace the lawyers that represented the country at the World Court, Pakistani media reports said.

Meanwhile, Pakistan adviser on foreign affairs, Sartaj Aziz said Islamabad would decide about the consular access to Jadhav in the light of "national security dynamics".

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Zakaria also said that Pakistan will provide solid evidence related to Jadhav's involvement in espionage activities.

The ICJ ordered Pakistan to stay the execution on Thursday until a final verdict is announced.

The ICJ has not yet ruled on India's main argument that Kulbhushan Jadhav's trial in Pakistan was in violation of the Vienna Convention on Consular Access.

Yes, the ICJ has jurisdiction Article I of the Optional Protocol to the Vienna Convention states that the Court has jurisdiction over "d$3 isputes arising out of the interpretation or application of the [Vienna] Convention".

Pakistan reacted coolly, with the attorney general's office stressing that the outcome was an interim order "without prejudice to the final determination of the merits" of India's case.

India said Thursday, there was no ambiguity in ICJ's judgment, which it said created a legally binding global obligation on Pakistan.

India has argued that Jadhav was wrongly convicted for spying.

"It is appreciated that the World Court saw reason in Indian appeal and could see through the false Pakistan propaganda by rightly turning down their request to play the purported confessional video during hearing earlier", Azad said.

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