Pakistan cannot execute Kulbhushan Jadhav till the court rules on case : ICJ


lawzmag.comNEW DELHI: The International Court of Justice (ICJ) on Thursday unanimously stayed Pakistan’s execution of Indian national Kulbhushan Jadhav until it rules on the merits of the case.

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

“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.

Pakistan cannot execute Indian national Jadhav until it makes a final decision in the proceedings of the case, the ICJ said. It added that it indeed has jurisdiction in the case, superceding a 2008 agreement between India and Pakistan.

The ICJ also said that its ruling is binding. “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.

The International Court of Justice granted these measures after a 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.

As carried in Times of India on 18.5.2017

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