ICJ ruling

Published
34

IN a verdict which was awaited with great anticipation by both Pakistani and Indian authorities, the International Court of Justice on Wednesday made its decision in the case of Indian national Kulbhushan Jadhav, a spy arrested in 2016 in Balochistan and subsequently sentenced to death by a military court in 2017 for his involvement in espionage and sabotage activities. The ICJ’s findings in this case come a year after India approached the judicial body to stay Jadhav’s execution and declare his trial void.

To avoid drawing an oversimplified conclusion which paints only one side as the winner — as Indian authorities have been doing — it is imperative to deconstruct the court’s decision on Jadhav with restraint.

The ultimate question being considered by the court was whether the 1963 Vienna Convention on Consular Relations applies in cases of espionage, as argued by Pakistan, and whether the denial of consular access to Jadhav can be viewed as a breach of obligations under the Convention, as argued by India.

In its findings, the ICJ has granted India consular access to Jadhav and held Pakistan’s argument on the denial of access as incongruent with the VCCR of 1963.

Although Pakistan made several contentions about the applicability of the Convention in light of a 2008 bilateral agreement between Pakistan and India — which makes exceptions for access in cases of espionage — the court found that the agreement did not override the Convention but was supplementary to it.

In a dissenting note, ad hoc judge Justice Tassaduq Hussain Jillani maintained that the Vienna Convention doesn’t apply to spies, and that even if it did, Pakistan had not breached Article 36.

While the court has stayed Jadhav’s execution pending a reconsideration of his conviction and sentence, the exhaustive list of remedies requested by India have not been entertained — that is, India’s request to annul the military court verdict; its appeal for the release and safe passage of Jadhav; its plea for a retrial in civilian courts.

These unconventional requests by India were rightly not granted as the ICJ is not an appellate court and does not have the jurisdiction to even consider such demands. In fact, it is important to note that the court specifically maintains that Jadhav’s conviction and sentence are not regarded as a violation of the Convention and that the obligation to provide effective review can be carried out in various ways. “The choice of means is left to Pakistan,” the order reads.

It is now time for diplomacy to take centre stage in Pakistan-India relations, the future of which will be determined by the engagement of both sides on the issue of consular access. Now that the ICJ has ruled on this matter, Islamabad and Delhi must move forward with maturity and avoid hyperbole which may cause hindrance in the judicial process.

Published in Dawn, July 19th, 2019

Opinion

Editorial

Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...
Terror and politics
Updated 29 Sep, 2026

Terror and politics

There is an urgent need to tone down the rhetoric and tackle terrorism as a collective challenge for both the affected provinces and the federation.
Watching the glaciers
29 Sep, 2026

Watching the glaciers

THE latest signs from Pakistan’s mountains are worrying. Suparco says the number of unfrozen glacial lakes it...
Dangerous agenda
29 Sep, 2026

Dangerous agenda

AS the world remains fixated on the US-Iran conflict, elsewhere in the Middle East, Israel is consolidating its grip...