ICJ rejects India’s plea for acquittal, repatriation of Kulbhushan - Updates, News & Discussion
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Chhatrapati
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Could've done that before and avoided paying lawyers huge amounts.
At the time of austerity. Looks like the verdict went your way. Our lawyer Mr. Salve is paid 1 rupee for his service.
Gorgin Khan
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Devil Soul
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International Court of Justice announces verdict on Indian spy Kulbhushan Jadhav case
Dawn.com | AFPUpdated July 17, 2019
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Judge Abdulqawi Ahmed Yusuf of the International Court of Justice on Wednesday reads out the verdict on India’s petition challenging the death sentence given to Indian spy Kulbhushan Jadhav. — DawnNewsTV
The International Court of Justice (ICJ) is announcing its verdict on India’s petition challenging the death sentence given to Indian spy Kulbhushan Jadhav.
The judgement is being read out by Judge Abdulqawi Ahmed Yusuf.
Pakistan's team, headed by Attorney General Anwar Mansoor Khan, is at The Hague to hear the verdict. The team also includes Foreign Office Spokesperson Dr Muhammad Faisal.
A timeline of the case. — Design: Leea Contractor
Jadhav — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing — was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism.
Read: Transcript of RAW agent Kulbhushan’s confessional statement
In his subsequent trial at a military court, Jadhav had confessed to his involvement in terrorist plots.
The spy was subsequently sentenced to death in 2017. However, India insisted that Jadhav was not a spy and said he was kidnapped from Iran.
On April 10, 2017, Army Chief Gen Qamar Bajwa had endorsed the death penalty for Jadhav. In June 2017, the Indian spy had filed a mercy petition against the death penalty, in which he again confessed to his involvement in terrorist activities.
However, before Pakistani authorities could make a final decision, the International Court of Justice (ICJ), after being approached by India, had ordered a stay in his execution through an interim order.
Related: 'Pakistan made a mistake': Criticism at home over ICJ decision
ICJ hearing
During the hearing of the case in the international court, India deniedJadhav was a spy and had asked the ICJ to order his release because he was denied consular access and not allowed to choose his own defence lawyer.
Attorney General of Pakistan Anwar Mansoor Khan had in turn arguedthat Jadhav was an Indian spy sent to Balochistan to destabilise the country and therefore not entitled to consular access. He had said that "India's claim for relief [...] must be dismissed."
Khan had told the court that Jadhav ran a network "to carry out despicable terrorism and suicide bombing, targeted killing, kidnapping for ransom and targeted operations to create unrest and instability in the country".
"His unlawful activities were directed at creating anarchy in Pakistan and particularly targeted the China-Pakistan Economic Corridor," Khan had told the 15-judge bench.
India's lawyers told the court in February that it was a “farcical case” based on “malicious propaganda”, while Pakistan's lawyers hit back by accusing Jadhav of “terrorism”.
The last hearing coincided with a sharp spike in tensions between the two nuclear-armed neighbours after a suicide bombing in occupied Kashmir's Pulwama, although relations have since improved.
What legal experts say
On previous occasions when the ICJ has considered the issue of death penalty/consular access, it has never ordered relief of “acquittal, release and return” such as that sought by India.
According to an article titled 'ICJ’s limited jurisdiction', Pakistan is well within its rights to try and sentence Jadhav under its domestic laws for espionage.
The International Humanitarian Law (IHL), the lex specialis or specific law governing the conduct of hostilities between nations, draws a clear distinction between those engaged in hostilities and those engaged in espionage, note legal experts in the article.
"This principle is enshrined in Additional Protocol I (AP I) to the Geneva Conventions, reflecting a long-established principle of international law present in earlier international legal instruments. Combatants who adhere to IHL principles are, if captured, immune from prosecution for acts committed while engaging in hostilities," reads the article.
"This, however, does not apply to those engaged in espionage: as per Article 46(1) of AP I any member of the armed forces of a party to the conflict who falls into the power of the other party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy.
"Instead, the requirements under Article 75 of AP I are for humane treatment and a fair trial. In this light, therefore, Pakistan is well within its rights to try and sentence Jadhav under its domestic laws for committing espionage."
Read more here.
Family meeting
India also accused Pakistan of harassing Jadhav's family in 2017 during a meeting that it said was held in an “atmosphere of coercion”.
It said Jadhav's conversation with his mother and wife was “tutored and designed to perpetuate the false narrative of his alleged activities in Pakistan”.
Jadhav, on the other hand, said he "saw fear" in the eyes of his mother and wife when he met them in Islamabad on December 25, 2017, adding that an Indian diplomat accompanying them was "yelling at them".
Dawn.com | AFPUpdated July 17, 2019
Facebook Count46
Twitter Share
65
Judge Abdulqawi Ahmed Yusuf of the International Court of Justice on Wednesday reads out the verdict on India’s petition challenging the death sentence given to Indian spy Kulbhushan Jadhav. — DawnNewsTV
The International Court of Justice (ICJ) is announcing its verdict on India’s petition challenging the death sentence given to Indian spy Kulbhushan Jadhav.
The judgement is being read out by Judge Abdulqawi Ahmed Yusuf.
Pakistan's team, headed by Attorney General Anwar Mansoor Khan, is at The Hague to hear the verdict. The team also includes Foreign Office Spokesperson Dr Muhammad Faisal.
A timeline of the case. — Design: Leea Contractor
Jadhav — a serving commander of the Indian Navy associated with Indian spy agency Research and Analysis Wing — was arrested on March 3, 2016, from Balochistan on allegations of espionage and terrorism.
Read: Transcript of RAW agent Kulbhushan’s confessional statement
In his subsequent trial at a military court, Jadhav had confessed to his involvement in terrorist plots.
The spy was subsequently sentenced to death in 2017. However, India insisted that Jadhav was not a spy and said he was kidnapped from Iran.
On April 10, 2017, Army Chief Gen Qamar Bajwa had endorsed the death penalty for Jadhav. In June 2017, the Indian spy had filed a mercy petition against the death penalty, in which he again confessed to his involvement in terrorist activities.
However, before Pakistani authorities could make a final decision, the International Court of Justice (ICJ), after being approached by India, had ordered a stay in his execution through an interim order.
Related: 'Pakistan made a mistake': Criticism at home over ICJ decision
ICJ hearing
During the hearing of the case in the international court, India deniedJadhav was a spy and had asked the ICJ to order his release because he was denied consular access and not allowed to choose his own defence lawyer.
Attorney General of Pakistan Anwar Mansoor Khan had in turn arguedthat Jadhav was an Indian spy sent to Balochistan to destabilise the country and therefore not entitled to consular access. He had said that "India's claim for relief [...] must be dismissed."
Khan had told the court that Jadhav ran a network "to carry out despicable terrorism and suicide bombing, targeted killing, kidnapping for ransom and targeted operations to create unrest and instability in the country".
"His unlawful activities were directed at creating anarchy in Pakistan and particularly targeted the China-Pakistan Economic Corridor," Khan had told the 15-judge bench.
India's lawyers told the court in February that it was a “farcical case” based on “malicious propaganda”, while Pakistan's lawyers hit back by accusing Jadhav of “terrorism”.
The last hearing coincided with a sharp spike in tensions between the two nuclear-armed neighbours after a suicide bombing in occupied Kashmir's Pulwama, although relations have since improved.
What legal experts say
On previous occasions when the ICJ has considered the issue of death penalty/consular access, it has never ordered relief of “acquittal, release and return” such as that sought by India.
According to an article titled 'ICJ’s limited jurisdiction', Pakistan is well within its rights to try and sentence Jadhav under its domestic laws for espionage.
The International Humanitarian Law (IHL), the lex specialis or specific law governing the conduct of hostilities between nations, draws a clear distinction between those engaged in hostilities and those engaged in espionage, note legal experts in the article.
"This principle is enshrined in Additional Protocol I (AP I) to the Geneva Conventions, reflecting a long-established principle of international law present in earlier international legal instruments. Combatants who adhere to IHL principles are, if captured, immune from prosecution for acts committed while engaging in hostilities," reads the article.
"This, however, does not apply to those engaged in espionage: as per Article 46(1) of AP I any member of the armed forces of a party to the conflict who falls into the power of the other party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy.
"Instead, the requirements under Article 75 of AP I are for humane treatment and a fair trial. In this light, therefore, Pakistan is well within its rights to try and sentence Jadhav under its domestic laws for committing espionage."
Read more here.
Family meeting
India also accused Pakistan of harassing Jadhav's family in 2017 during a meeting that it said was held in an “atmosphere of coercion”.
It said Jadhav's conversation with his mother and wife was “tutored and designed to perpetuate the false narrative of his alleged activities in Pakistan”.
Jadhav, on the other hand, said he "saw fear" in the eyes of his mother and wife when he met them in Islamabad on December 25, 2017, adding that an Indian diplomat accompanying them was "yelling at them".
uk29
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u even listening to what judge is saying ... all 3 objections of pakistan rejected.....If that makes you happy! But you understood what i meant
All pakistan needs to do is to provide counselor access..... start retrial, even if it has to be in militarty court and convict him of espionage and pass the same verdict... simple.
why or how u may ask... International court verdict is asking for the same as mentioned above.
why or how u may ask... International court verdict is asking for the same as mentioned above.
greenblooded
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should have just kept him rotting in jail for life giving him a death sentence was not smart
El Sidd
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Could've done that before and avoided paying lawyers huge amounts.
Our lawyer Mr. Salve is paid 1 rupee for his service.
Its not about petty money. Its about convenience and timing.
Devil Soul
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Ajmal JamiVerified account @ajmaljami 6m6 minutes ago
Dear Indian fellows! #KulbhushanJadhav will remain in Pak custody, your plea for his acquittal and repatriation has been rejected by the ICJ. Merely consular access doesn't provide you sufficient fuel to fly high on tv screens
Dear Indian fellows! #KulbhushanJadhav will remain in Pak custody, your plea for his acquittal and repatriation has been rejected by the ICJ. Merely consular access doesn't provide you sufficient fuel to fly high on tv screens
Arsalan 345
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Only counselor access allowed.it also said that Pakistan should review it's process.basically things remain same.there is no mention like hand over him to India.india is celebrating like kids but basically kulbhushan is not coming back home.fighting this case at icj was proved to be useless for pakistan.it out extra pressure on pakistan but only pakistan can decide.indian celebrations are like dreams which will never come true.
Devil Soul
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El Sidd
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lao mithai hi khila do
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