Big Win In ICJ Pakistan Slammed by Judges,Jadhav Death Sentence Stayed

The International Court of Justice (ICJ) today stayed Pakistan’s execution of ndian national Kulbhushan Jadhav until it rules on the merits of the case.
The ICJ rued that Pakistan cannot execute Indian national Jadhav until it makes a final decision in the proceedings of the case.
“The court reaffirms that its orders under provisional measures are binding and create a legal obligation,” up countries that are signatories to the Vienna Convention.

A Pakistani military court sentenced Jadhav to death last month.
India approached the ICJ on May 8 asking for a stay on Jadhav’s death sentence, in addition to granting three other provisional measures it has sought against Pakistan, pending the court’s decision on the merits of the case. In its plea to the court, India expressed the fear that Jadhav might be executed even while the hearing at the ICJ was on.
The public hearing was conducted on May 15.

India argued that its case is solely based on the violation of the Vienna Convention on Consular Relations (VCCR) optional protocol. This protocol accords the ICJ primacy in any dispute arising out of the interpretation of the VCCR.

The provisional measures India has noted in its appeal to the ICJ are the following:
1) Declare the death sentence awarded to Jadhav illegal 2) The death sentence violates international law and treaty rights 3) Restrain Pakistan from acting in violation of the Vienna Convention and international law by giving effect to the sentence or the conviction in any manner 4) If Pakistan is unable to annul the decision, direct it to release the convicted Indian national immediately.
Pakistan, on the other hand, wants the ICJ to acknowledge its argument that the bilateral agreement on consular access takes precedence over the VCCR.
Jadhav, a former Navy officer, was arrested in March 2016 from Balochistan, Pakistan claimed. He was awarded the death sentence by a Pakistani military court on April 10 this year for alleged espionage and subversive activities.
India stated that Jadhav was kidnapped from Iran where he was involved in business activities after retiring from the Indian Navy.

Pakistan’s Reaction

Source:TOI

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