ICJ Verdict on Kulbhushan Jadhav

Published: July 17, 2019

In a major victory for India and its arrested national Kulbhushan Jadhav, the International Court of Justice has ordered Pakistan to review Kulbhushan’s death sentence and had ruled that Islamabad violated the established international convention by denying India the rights of consular visits to Jadhav after his arrest.

What the court ruled?

  • The ICJ has ordered an effective review and reconsideration of the conviction and sentence awarded to Jadhav by the military courts of Pakistan.
  • It also ruled that Pakistan has breached the Vienna Convention which authorizes counties with the right to have consular access to their citizens if they are arrested abroad.
  • It ruled that there is no question of Jadhav’s nationality as he is Indian national.
  • It has categorically rejected Pakistan’s objection to ICJ jurisdiction in the Jadhav case and allegations by Pakistan that India did not investigate the false name for Jadhav.
  • The court, however, has rejected India’s arguments that the convictions of Jadhav from the military court be overturned, that he released and be sent back to India.
  • The verdict was given by 15 judges in favor of the ruling and only one – that of Pakistan- dissenting.

What happens now?

Pakistan will have to review the death sentence awarded to Jadhav and will have to provide India with consular accesses to Kulbhushan Jadhav. The onus is now on the defense team of Jadhav to clear charges on him.

 

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