🔶 Pakistan claimed to have arrested Jadhav from Balochistan on March 3, 2016. India maintains that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy in 2002.
🔶 In April 2017 Pakistan's military establishment announced that Jadhav would be hanged.
🔶 Shortly after India approached the International Court of Justice (ICJ. As India was denied Consular access to Jadhav. India has accused Pakistan of violating the Vienna Convention.
🔶 Pakistan contended that the Vienna Convention provisions on consular access were not intended for a "spy" involved in subversive activities.
🔶 India believes the ICJ can look into Jadhav’s case as both the countries are signatories to the optional protocol of the Vienna convention on consular relations (VCCR). The protocol says any dispute arising out of the interpretation or application of VCCR shall lie within the jurisdiction of the ICJ.
🔶On 18 May 2017 International Court of Justice stays death sentence given to Kulbhushan Jadhav by Pakistani military court until further notice.
🔶 This is the first time after 1971 that India has turned to the ICJ in a dispute with Pakistan.
🔶 In September 1974, India spelt out the matters over which it would accept the jurisdiction of the ICJ, replacing a similar declaration made in 1959.
🔶 Among the matters over which India does not accept the ICJ jurisdiction are: “Disputes with the government of any state which is or has been a member of the Commonwealth of Nations”.
🔶Moving the ICJ amounts to taking disputes with Pakistan to a multilateral forum, which New Delhi tends to avoid.
No comments:
Post a Comment