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Kulbhushan Jadhav case: Issues that made ICJ put India first

 2017-05-18 12:43:31.0

Kulbhushan Jadhav case: Issues that made ICJ put India first

Tahlka News Bureau

New Delhi: What did the International Court of justice saw today in its unananimous stay on Pakistan's execution of Indian national Kulbhushan Jadhav until it rukes on the meris of the case.

Here are the top four issues India raised that the ICJ was in agreement with' have a look :

1) The ICJ ruled that the dispute does fall under its jurisdiction as the dispute between 1) India and Pakistan is indeed to do with the Vienna Convention.

The international court said that "the elements sufficiently establish the existence between parties of disputes fall under the purview of the Vienna Convention.

2) The ICJ then turned to India's contention that Pakistan failed to provide Jadhav consular access and it agreed that under the Vienna Convention, failure to provide such access was indeed an issue.

"All states parties to the Vienna Convention have the right to provide consular access to nationals in another country," the ICJ said. They have to have respect for nationals' rights, it said. "The Court doesn't have to determine definitively whether these rights exist. It just had to decide if these rights are plausible," the ICJ said.

3) The ICJ cast aside Pakistan's argument that a 2008 bilateral agreement it and India renders ICJ without the jurisdiction to rule in the case.

"It is sufficient to note that provisions of 2008 agreement do not express such limitations" on the jurisdiction the ICJ gets via the Vienna Convention, it said.

4) India had expressed the fear that Jadhav might be executed even while the hearing at the ICJ was on.The ICJ ruled that there is the possibility of "irrevocable prejudice to the rights of Jadhav. In its plea to the court.

"Without prejudging the result, the ICJ considers that the risk or irreparable prejudice, the mere fact that Jadhav is under such a sentence and might be executed, is sufficient to demonstrate such a risk. There is considerable uncertainty as to when decision on any appeal is rendered or when Jadhav will be executed," said ICJ President Judge Ronny Abraham.


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