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India requested ICJ for stay against Kulbhushan's sentence in Pakistan

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Brussels Declaration
Article 20 of the 1874 Brussels Declaration states: “A spy taken in the act shall be tried and treated according to the laws in force in the army which captures him.”
https://ihl-databases.icrc.org/customary-ihl/eng/docs/v2_rul_rule107_sectionb
Additional Protocol I
Article 46(1) of the 1977 Additional Protocol I provides:
Notwithstanding any other provision of the Conventions or of this Protocol, any member of the armed forces of a Party to the conflict who falls into the power of an adverse Party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy.
https://ihl-databases.icrc.org/customary-ihl/eng/docs/v2_rul_rule107_sectionb

Article 29 '. -- A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or endeavours to obtain information in the zone of operations of a belligerent with the intention of communicating it to the hostile party.
Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: soldiers and civilians carrying out their mission openly, entrusted with the delivery of despatches intended either for their own army or for the enemy's army. To this class belong likewise persons sent in balloons for the purpose of carrying despatches and, generally, of maintaining communications between the different parts of an army or a territory."

The definition of a spy given in this Article remains completely valid since the Geneva Convention contains no similar provision. However, a spy is also a protected person in so far as he conforms to the definition given in Article 4 of the Fourth Convention. Under Article 5 [ Link ] of the Convention, the spy may nevertheless be deprived temporarily of certain rights, particularly the right of communication.

"' Article 30 '. -- A spy taken in the act shall not be punished without previous trial."

The Convention contains several provisions in this respect which extend the principle and make it precise. Thus Article 3 [ Link ] prohibits "the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples".
Article 3 [ Link ] , although it applies only to armed conflicts not of an international character, contains rules of absolutely general application. The prohibition mentioned is, moreover, confirmed by Article 5 and Articles 64 -76.
It should also be noted that paragraph 2 of Article 68 authorizes the Occupying Power under certain conditions to inflict the death penalty on protected persons found guilty of espionage.
 
In exchange of yadave India gona loose Kashmir :D how? Pakistan gona file mass genocide in Kashmir petition against India in ICC . Then they will come to Kashmir and probe. Kashmiris will tell them yes Indian army killing. Booom there you go. India lost Kashmir :p
 
And the tweet says nothing about any order but states that India has ran to ICJ to buy some time.

There is no order by ICJ in that tweet kiddo. :lol:

You Should be Happy,

I have seen tonnes of Post of Pakistanis in this forum say that we have a SPY/ We have proofs of Indian involvement in Pakistan but due to inability of the current government we are not able to put forward our point in International forums.
Today India has given you the chance, an opportunity in International institution to show all evidence you have collected all these years, I have been hearing a lot about evidences in this forum.

Its a golden opportunity for you, Prove Indian involvement, show all those evidences, If you have any :P

O mere keyboard commando, jitna typ karte ho uska 10% proof bhi dikha do to ICJ tumhare favor me decision de dega :P
 
Thats great news i think India needs to take issues to international court instead of media. Crying on media is not worth it i think india is realizing specially after bombay attack they come to media instead going to international court. maybe cuz the main reason is india have been faking everything and when you fake things up you dont want to involve no body. but its good they standing up it will be hard to face the truth first time but this is the ony way.

I guess you didn't even care to read the OP, before you wrote this comment. :)
 
In exchange of yadave India gona loose Kashmir :D how? Pakistan gona file mass genocide in Kashmir petition against India in ICC . Then they will come to Kashmir and probe. Kashmiris will tell them yes Indian army killing. Booom there you go. India lost Kashmir :p
Yes boom. Great lets have a party you get the food n wine.

I wish thinga would have been so fair. Infect i am not certain even pak will follow their virdict since recently china just threw it in the bin for soith china sea.
 
In exchange of yadave India gona loose Kashmir :D how? Pakistan gona file mass genocide in Kashmir petition against India in ICC . Then they will come to Kashmir and probe. Kashmiris will tell them yes Indian army killing. Booom there you go. India lost Kashmir :p

How exactly dude, even if your this wild dream is materialized, few generals will be tried under criminal charges at-most, what else ?? Kashmir will still be with India. :)
 
If you were not so blind with hate for Indians and did a simple search on the thread for post #61 you would have seen I posted the link from offical twitter account of the ICJ

I am not blinded by hate but I do wish I was blind to your posts. It feels as though you yourself haven't read the tweet or the document. I asked for evidence of a court ruling and all you've done is regurtitate the propaganda shoved down your throat.
 
Now regarding his confession, according to natural justice a person cannot be held as a witness against himself and his confession statements cannot be used as evidence against him. It's same everywhere in the world, not sure about Pakistan though.
Then why police reads out the rights to the person who is arrested. " you have the right to remain silent anything you say will be used against you in the court of law" and words to that effect. - Miranda Warning
 
In exchange of yadave India gona loose Kashmir :D how? Pakistan gona file mass genocide in Kashmir petition against India in ICC . Then they will come to Kashmir and probe. Kashmiris will tell them yes Indian army killing. Booom there you go. India lost Kashmir :p

Oh really?:coffee:

Just so you know Pakistan has been doing that since the 80s.
And Kashmir is yet to be "free".

However, don't let us stop you. Do keep trying, if nothing else at least it'll help you sleep better knowing you lot did something.

#KhayaliPulao
 
Or a missing head.

In any case. Don't even dare to dare us. ;)
Yes, we know you can do things like 26/11 or beheading soldiers just like ISIS do. We also know that as a nation you do not like labels.
 
Indian media is illiterate and is misleading Indians. It was an unofficial ICJ release mentioning Indian request only.

I have downloaded a copy of Indian News from Hindustan Times because it is yet another souvenir of their mental condition. They will have remove it shortly. :lol:

Anybody who can read will find it is Indian requests and not a court order.
Watch the highlighted part below.

upload_2017-5-10_12-33-37-png.395799

upload_2017-5-10_12-45-41-png.395803

upload_2017-5-10_13-13-48-png.395804
 
Hahahahahaha, jai hind guys time to rejoice. Now someone will burn.
Let him get killed in prison.. wrong choice.. it was good for him to have easy death.. you guys mad hard for him.. good luck yadoo for your next 40, 50 years in misrry
 
Ignore it buddy, except for corporate decisions both India and Pakistan gives a damn to ICJ citing sovereign countries. :)
 
There is difference between "stay" and "stop". he will be excuted at any cost
 
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Then why police reads out the rights to the person who is arrested. " you have the right to remain silent anything you say will be used against you in the court of law" and words to that effect. - Miranda Warning

When did India and Pakistan started to follow United States Law structure, Miranda Warning is only applicable there ??????

As far as I know we follow Anglo Saxon Law. Regarding Natural Justice, Google is your friend mate, please read about it in detail if you can. :)
 
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