{"id":51097,"date":"2019-08-10T19:00:29","date_gmt":"2019-08-10T13:30:29","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?p=51097"},"modified":"2019-08-10T17:21:55","modified_gmt":"2019-08-10T11:51:55","slug":"7-pm-not-the-final-word-from-islamabad-and-delhi-10th-august-2019","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/7-pm-not-the-final-word-from-islamabad-and-delhi-10th-august-2019\/","title":{"rendered":"7 PM | Not the final word from Islamabad and Delhi | 10th August, 2019"},"content":{"rendered":"\n<p><strong>Context:\n<\/strong>The\nrecent judgment by International Court of Justice (ICJ) in Kulbhushan Jadhav\ncase.<\/p>\n\n\n\n<p><strong>More\nin News: <\/strong>The International Court of Justice on 17<sup>th<\/sup> July\n2019 asks Pakistan to review conviction and sentencing of Jadhav, rules in\nfavour of consular access. <\/p>\n\n\n\n<p><strong>History\nof the case:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Kulbhushan Jadhav (alias Hussain Mubarak Patel) is an Indian national arrested in Balochistan, Pakistan, over charges of terrorism and spying for the Research and Analysis Wing intelligence agency. Pakistan claims Jadhav of being tasked by Indian agencies to organise espionage and sabotage activities on its soil, which have been denied by India and other countries.<\/li><li>The Indian government recognizes Jadhav as a former naval officer, however denies his links with the government; and maintains that he took premature retirement and was possibly abducted from Iran.<\/li><li>On April 10, 2017, Jadhav was sentenced to death by the Pakistan Court.\u00a0<\/li><li>India approached the\u00a0International Court of Justice (CJI)\u00a0on May 8, 2017. The CJI ruled that Pakistan\u2019s treatment of Jadhav is a gross violation of international laws and stalled his execution.<\/li><\/ul>\n\n\n\n<p><strong>Recent Judgment:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Pakistan\nwas guilty of multiple violations of the Vienna Convention on Consular\nRelations (VCCR) by failing to inform Mr. Jadhav of his rights under Article 36\nof the treaty, by neglecting to notify India of his arrest without delay, and\nby denying him consular access.<\/li><\/ul>\n\n\n\n<p><strong>International Court of Justice (ICJ):<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>The International Court of Justice (ICJ) is the principal\njudicial organ of the United Nations (UN). <\/li><li>It was established in June 1945 by the Charter of the United\nNations and began work in April 1946. <\/li><li>The seat of the Court is at the Peace Palace in The Hague\n(Netherlands). <\/li><li>The Court\u2019s role is to settle, in accordance with international\nlaw, legal disputes submitted to it by States and to give advisory opinions on\nlegal questions referred to it by authorized United Nations organs and\nspecialized agencies.<\/li><li>The Court is composed of 15 judges, who are elected for terms of\noffice of nine years by the United Nations General Assembly and the Security\nCouncil.<\/li><\/ul>\n\n\n\n<p><strong>Vienna\nConvention on Consular Relations (VCCR):<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>The\nConvention was adopted in 1963 by the United Nations Conference on Consular\nRelations held at Vienna, Austria with a belief that an international\nconvention on consular relations, privileges and immunities would also\ncontribute to the development of friendly relations among nations, irrespective\nof their differing constitutional and social systems.&nbsp;<\/li><li>The\nConference also adopted the Optional Protocol concerning Acquisition of\nNationality, the Optional Protocol concerning the Compulsory Settlement of\nDisputes.<\/li><\/ul>\n\n\n\n<p><strong>The\nInternational Covenant on Civil and Political Rights (ICCPR):<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>It\nis an international human rights treaty adopted by the United Nations (UN) in\n1966. <\/li><li>It\nis one of the two treaties that give legal force to&nbsp;the Universal\nDeclaration of Human Rights&nbsp;(the other being the International Covenant on\nEconomic, Social and Cultural Rights, ICESCR).<\/li><li>ICCPR\ncommits the states signed up to it to protect and respect the civil and\npolitical rights of individuals.&nbsp;<\/li><li>The\nICCPR obligates countries that have ratified the treaty to protect and preserve\nbasic human rights, such as: the right to life and human dignity; equality\nbefore the law; freedom of speech, assembly, and association; religious freedom\nand privacy; freedom from torture, ill-treatment, and arbitrary detention;\ngender equality; the right to a fair trial; right family life and family unity;\nand minority rights.<\/li><\/ul>\n\n\n\n<p><strong>The\nCase:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>India\u2019s\ncase hinged on Article 14 of the International Covenant on Civil and Political\nRights (ICCPR), which guarantees individuals the right to a fair trial.&nbsp;<\/li><li>However,\nthe ICJ chose to hinge its jurisdiction in this case on Article 1 of the\nOptional Protocol to the VCCR, which grants the ICJ compulsory jurisdiction\nonly over disputes arising out of the application or interpretation of the\nConsular Convention.&nbsp;<\/li><li>ICJ\ndenied India\u2019s prayer to set aside Mr. Jadhav\u2019s conviction by the military\ntribunal, and for his release. <\/li><li>Instead,\nit ruled that the appropriate remedy would be for Pakistan to carry out an\n\u201ceffective review and reconsideration\u201d of the tribunal\u2019s conviction and\nsentence.<\/li><\/ul>\n\n\n\n<p><strong>ICJ judgment is\na bitter pill to swallow for both India and Pakistan:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>For Pakistan,<\/strong> making a\nsignificant alteration to its legal system would amount to an admission that\nthe ICJ\u2019s judgement was a public admonition of Pakistan\u2019s judicial review\nmechanism: a prospect Pakistan is unlikely to welcome. <\/li><li><strong>For India,<\/strong> any review\nmechanism that fails to acquit Mr. Jadhav will be seen as procedurally unsound,\nand an attempt by Pakistan to further shirks its international legal\nresponsibilities.<\/li><\/ul>\n\n\n\n<p><strong>Conclusion:<\/strong> The publication\nof the International Court of Justice\u2019s award in the Kulbhushan Jadhav case on\nJuly 17, 2019 was heralded by both India and Pakistan as a victory to their\nside; the truth probably lies somewhere in between. There are already signs\nthat the Kulbhushan Jadhav case between Pakistan and India might return to the\nICJ.<\/p>\n\n\n\n<p><strong>Source<\/strong>:\n<a href=\"https:\/\/www.thehindu.com\/opinion\/op-ed\/not-the-final-word-from-islamabad-and-delhi\/article28968924.ece\">https:\/\/www.thehindu.com\/opinion\/op-ed\/not-the-final-word-from-islamabad-and-delhi\/article28968924.ece<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Context: The recent judgment by International Court of Justice (ICJ) in Kulbhushan Jadhav case. More in News: The International Court of Justice on 17th July 2019 asks Pakistan to review conviction and sentencing of Jadhav, rules in favour of consular access. History of the case: Kulbhushan Jadhav (alias Hussain Mubarak Patel) is an Indian national&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/7-pm-not-the-final-word-from-islamabad-and-delhi-10th-august-2019\/\">Continue reading <span class=\"screen-reader-text\">7 PM | Not the final word from Islamabad and Delhi | 10th August, 2019<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49370,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[130,9],"tags":[],"class_list":["post-51097","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-7-pm","category-public","entry"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/forumias.com\/blog\/wp-content\/uploads\/2019\/07\/7-PM.png?fit=1000%2C500&ssl=1","views":{"total":0,"cached_at":"","cached_date":1704809690},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/51097","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=51097"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/51097\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49370"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=51097"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=51097"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=51097"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}