ICJ Verdict: Kulbhushan Jadhav Execution stayed; Pakistan stands defeated

The ICJ ignored Pakistan’s claims and asserted that Jadhav must not be executed. The ICJ pronounced its verdict in the Kulbhushan Jadhav case at 3:30 pm IST today. The ICJ directed to stay Jadhav execution at a court in Hague.

The highly awaited verdict from ICJ regarding Jadhav’s death sentence was pronounced in the favor of India, and perhaps was a big insult for Pakistan.

On May 8, India urged ICJ to suspend the death sentence given to Kulbhushan Jadhav by a Pakistan military. Kulbhushan Jadhav is India’s former Navy officer.

India is represented by its ‘Agent’ Deepak Mittal, who is the head of the Pakistan division in the external affairs ministry. The case is argued by its lead attorney Harish Salve.

On May 8, India chided Pakistan for violating the Vienna Convention and conducting a “farcical trial” for convicting Jadhav, which was in “egregious violations” of the Vienna Convention.

Jadhav was arrested on charges of espionage and subversive activities by Pakistan almost a year ago. However, India has maintained that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy. “Pakistan claims to have arrested Jadhav from its restive Balochistan province”, Indian statement said.

The ICJ also noted that Pakistan has not given any confirmation of its intention to not execute Jadhav before the court verdict.

At a public hearing on May 15, India voiced its apprehensions that Jadhav may be executed by Pakistan even before hearing the final verdict of ICJ.

India demanded 4 different measures to be adopted by ICJ. Here are the following measures:

  1. Annulation of death sentence awarded to Jadhav
  2. Pakistan violated the Vienna Convention and international law, as international being violative of international law and treaty rights;
  3. Rebuke Pakistan from violating international laws.
  4. If Pakistan doesn’t declare its verdict as illegal, it must release Indians which are caught up in Pakistan prison.

Pakistan, on the other hand, retaliated by saying that Vienna Convention does not provide for matters relating to spies, terrorists and those who indulge in espionage. Pakistan also said that India should not have involved UN’s highest court into the matter.

India also highlighted the deficiency of legal counsel or consular access to Jadhav by Pakistan. Additionally, India also said that Jadhav’s confession admitting his crimes had been extracted forcefully when he was in military custody.

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