In a crucial late night development on Wednesday, Government sources in India confirmed that India has obtained a stay order from the International Court of Justice on the pending execution of Indian national Kulbhushan Jadhav in Pakistan. External Affairs Minister Sushma Swaraj also announced on twitter that she has spoken to Jadhav’s mother and informed her of the ICJ decision and court law provisions.She also informed that Senior Advocate Harish Salve is representing India before the ICJ.
Jadhav has been accused of serious espionage charges and fomenting trouble in restive Balochistan, and a military court instead of a civilian criminal court announced death sentence for him recently.India which dismissed allegations but accepted that Jadhav is a retired navy personnel is yet to receive consular access despite more than a dozen petitions to the government of Pakistan, against the spirit of the Vienna conventions on diplomatic relations.
What is interesting though that India so far has been hesitant in approaching the International Court of Justice or International Criminal Court on matters pertaining to Pakistan.New Delhi has been of the opinion that this could lead to internationalising the Kashmir issue in future, which India considers a strictly bilateral issue.
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So is approaching ICJ on Jadhav a change in India’s policy is the big question here?Will India acknowledge ICJ’s intervention as an arbitrator on contentious issues with Pakistan needs to be seen. Or did India change strategy Ina. A rare case where rules of the trial have been completely tossed aside by a neighbour in times of increasing tension between the two countries?
Also, will it be obligatory for Pakistan to comply with this order? The stay order is yet to be enlisted on the ICJ website, but an extract supposedly of the letter of the ICJ President Rony Abraham to Nawaz Sharif government informs of this provisional order.Will the Pakistan military court be under legal pressure to follow this directive or will the international community build moral pressure on this issue?
Copy of the order initiating India’s proceedings against Pakistan in ICJ
http://www.icj-cij.org/docket/files/168/19420.pdf