Aerial Incident of 10 August 1999 (Pakistan v. India)

[GDP Adil Khan Niazi]

Sources: http://www.icj-cij.org/docket/index.php?sum=585&p1=3&p2=3&case=119&p3=5


Pakistan’s challenge to UN court echoes India’s in 1999
Back then, India pleaded “the ICJ has no jurisdiction to hear such disputes.” The court dismissed its claim

The International Court of Justice in The Hague. Photo: AFP

With the International Court of Justice (ICJ) in The Hague now hearing a case brought by India against the conviction of an Indian national, Kulbhushan Jadhav, in Pakistan, Islamabad has challenged the jurisdiction of the court – just as India did back in 1999 in the Atlantic patrol plane case.

On that occasion, India was responding to a compensation claim filed by Pakistan after the Indian Air Force shot down a Pakistan Navy aircraft with 16 persons on board on August 10, 1999. India pleaded that “the ICJ has no jurisdiction to hear such disputes.” The court dismissed India’s claim.

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Yesterday, hearings began in the case of Jadhav, who was arrested in Balochistan in March of last year and charged with conducting espionage and sabotage activities against Pakistan. India claims that the death sentence handed to him by a military court is “an act of premeditated murder.” New Delhi insists Jadhav is a retired officer of the Indian Navy and was kidnapped from Iran, where he was involved in business activities. Leading the Indian legal team, senior advocate Harish Salve focused on denial of consular access to Jadhav, in breach of the 1963 Vienna Convention on Consular Relations.

Pakistan’s counsel, Khalid Qureshi, arguing that the case did not fall under the ICJ’s jurisdiction, told the court: “India has not provided any evidence to rebut that Jadhav is a terrorist.”

He added: “Pakistan has concrete evidence of Jadhav’s involvement in subversive activities and he was sentenced in accordance with law.” Jadhav, he said, he entered into Pakistan on a fake passport. “Kulbhushan Jadhav confessed to having conspired to fan terrorism inside Pakistan, while the passport he was found in possession of bore a Muslim name.”

Pakistan also believes that the approach to ICJ is premature and that Jadhav had other options available to him under the law, with the Supreme Court of Pakistan having the power to make a ruling on his conviction.

Meanwhile, India’s complaint about denial of consular access may not be watertight. Under Article 5 of Geneva Convention IV, non-combatants detained for spying forfeit their rights of communication during times of hostilities. Moreover, while such as a person has the right to a fair trial, there is nothing to stop a death sentence being passed.

India is seeking the suspension of the death sentence handed to Jadhav by a Field General Court Martial (FGCM) in April this year. “India was not informed of Jadhav’s detention until after his arrest and learned only through the media about the death sentence,” its application states. The ICJ has stayed the execution while the case is heard.



Sources: http://www.atimes.com/article/pakistans-challenge-un-court-echoes-indias-1999/

 

[swnjo]

confusing.

and

"Pakistan’s challenge to UN court echoes India’s in 1999
Back then, India pleaded “the ICJ has no jurisdiction to hear such disputes.” The court dismissed its claim"

This two are contradictory or these two are seperate cases??.

 

[Falcon26]

The ICJ is a serially politicized body, but by accepting to entertain Indian ploys to play out the issue there, Pakistan has to accept the outcome. An outcome which will be decidedly against Pakistani interest. There was no reason for Pakistan to allow the ICJ to handle this case. In my mind, this is a serious abdication of responsibility by the Pakistani authorities and blatantly criminal.

 

[EAK]

What was the final judgement,,?

 

[Falcon26]

confusing.

and

"Pakistan’s challenge to UN court echoes India’s in 1999
Back then, India pleaded “the ICJ has no jurisdiction to hear such disputes.” The court dismissed its claim"

This two are contradictory or these two are seperate cases??.

Essentially, the same. In 1999 the ICJ had no jurisdictions over Indo-Pak disputes but it suddenly has jurisdiction. It's a pay-to-play body and Pakistan has brought to the floor the noose with which it will be hanged. Sad.

 

[Roybot]

Essentially, the same. In 1999 the ICJ had no jurisdictions over Indo-Pak disputes but it suddenly has jurisdiction. It's a pay-to-play body and Pakistan has brought to the floor the noose with which it will be hanged. Sad.

The jurisdiction varies, 1999 was a military incident. In Jadhav's case India has invoked the Vienna Convention, and the Vienna convention does come under the jurisdiction of the ICJ.

Apples and Oranges.

 

[Falcon26]

The jurisdiction varies, 1999 was a military incident. In Jadhav's case India has invoked the Vienna Convention, and the Vienna convention does come under the jurisdiction of the ICJ.

Apples and Oranges.

This Jadhav case is a military issue since he was a spy. But kudos to India. It was handed an easy victory thanks to the mindless Pakistanis

 

[Roybot]

This Jadhav case is a military issue since he was a spy. But kudos to India. It was handed an easy victory thanks to the mindless Pakistanis

You can't just arrest someone and label him a spy, that's a slippery slope that you don't wanna go down on.

Pakistan will have to prove it to the international community that Jadhav is indeed a spy and prove that he is indeed responsible for the death of many Pakistani citizens. I don't know why Pakistanis are seeing this as a bad thing, I mean what better way to humiliate India in front of the whole word, by proving that Jadhav indeed is a spy and that he was working for India and fomenting terrorism in Pakistan?

This is a golden opportunity for Pakistan, prove it in the ICJ, rather than running around with a poor compiled dossier of India's alleged nefarious terrorism designs over Balochistan!

 

[Falcon26]

You can't just arrest someone and label him a spy, that's a slippery slope that you don't wanna go down on.

Pakistan will have to prove it to the international community that Jadhav is indeed a spy and prove that he is indeed responsible for the death of many Pakistani citizens. I don't know why Pakistanis are seeing this as a bad thing, I mean what better way to humiliate India in front of the whole word, by proving that Jadhav indeed is a spy and that he was working for India and fomenting terrorism in Pakistan?

This is a golden opportunity for Pakistan, prove it in the ICJ, rather than running around with a poor compiled dossier of India's alleged nefarious terrorism designs over Balochistan!

Well, your own media is slowly also claiming that he was associated with RAW. Anyways, you guys have won today.

http://indianexpress.com/article/ex...-hague-verdict-plays-out-in-pakistan-4662831/

 

[ranjeet]

Essentially, the same. In 1999 the ICJ had no jurisdictions over Indo-Pak disputes but it suddenly has jurisdiction. It's a pay-to-play body and Pakistan has brought to the floor the noose with which it will be hanged. Sad.

Read point (i) here

In Jadhav's case India has alleged violations of Article 36, paragraph 1 of the Vienna Convention. Both India and Pakistan are signatory of Vienna Convention.

 

[Roybot]

Well, your own media is slowly also claiming that he was associated with RAW. Anyways, you guys have won today.

http://indianexpress.com/article/ex...-hague-verdict-plays-out-in-pakistan-4662831/

Media reports doesn't count for anything. The Indian government has maintained that Jadhav is a retired naval officer, who was running a business in Iran and that he was abducted from Iran and brought to Pakistan.

India has gotten just a stay order, only a small battle, Pakistan should bring the evidence against Jadhav to the ICJ and win the war!

 

[H!TchHiker]

It was Pakistan mistake to entertain this at ICJ and now they have to face the result of poor planning ..India will win every case at international level due to its economical and polictical wiehtage ...lol people are fool to believe that same laws and principle will apply for Pakistan and India ...
Might is right ...if we are so serious about jurisdiction why don't we simply hang the KY and send a message that we don't accept ...
It is visible we need a way out not to hang KY and make it excuse to public that look it is from ICJ

 

[third eye]

The bottom line is that PA did not expect India to go to the ICJ.

Even when it did become clear that the ICJ was being involved, they did a shoddier job in their defence. They may as well have not gone to The Hague.

Alternatively, since the faith in Military justice is immense in Pak, the Judge Advocate General of the PA should have attempted to put his country's case !!

India will win every case at international level due to its economical and polictical wiehtage

Not for economic or political reasons.

For the logic it presents

 

[Chhatrapati]

Well, your own media is slowly also claiming that he was associated with RAW. Anyways, you guys have won today.

http://indianexpress.com/article/ex...-hague-verdict-plays-out-in-pakistan-4662831/

Have zero credibility what IE spew.

 

[Leviza]

The jurisdiction varies, 1999 was a military incident. In Jadhav's case India has invoked the Vienna Convention, and the Vienna convention does come under the jurisdiction of the ICJ.

Apples and Oranges.

Vienna Convention does not cover RAW agents and SPYs ... cut the crap