Media Reports Wrong, Current ICJ Directive Not Legally Binding on Pakistan. No Stay Order.

[ghazi768]

Wish common sense was not so uncommon
Here is the press release from International Court of Justice
http://www.icj-cij.org/docket/files/168/19420.pdf

More releases would follow on...



Your country has signed the "Declarations Recognizing the Jurisdiction of the Court as Compulsory"



Source: http://www.icj-cij.org/jurisdiction/?p1=5&p2=1&p3=3&code=PK

Have you actually read the declaration by Pakistan you are pointing to?

it mentions:

Provided that this Declaration shall not apply to:

e) all matters related to the national security of the Islamic Republic of Pakistan;

 

[Viny]

Can we see the copy of that notification please?

Read here http://www.icj-cij.org/docket/files/168/19426.pdf

Have you actually read the declaration by Pakistan you are pointing to?

it mentions:

Provided that this Declaration shall not apply to:

e) all matters related to the national security of the Islamic Republic of Pakistan;

Read under which heading the case is filed. Yes pakisthan can challenge it calling its matter of national security, but then they have to prove how national security will be hampered by giving consular access to accused.

 

[Mangus Ortus Novem]

When you thought there will be no meldodrama...bang.... just amazing

Looks like one sides has dug itself a deep hole and the other is ready to sovel all the dirt back in the hole.

Now it is upto Pak to loose this historic chance.

I have read Mr. Jinnah was a brilliant lawyer and never lost a case. Pak needs someone with Mr. Jinnah's sense of legalities and clinical mind.


For now it is going to be just good ratings for certain medias...and indian politicians cashing in...

Pak has, sadly, no Pro-Pak politicians... Wait and see.. wait and see... wait and see...

 

[ghazi768]

Read here http://www.icj-cij.org/docket/files/168/19426.pdf



Read under which heading the case is filed. Yes pakisthan can challenge it calling its matter of national security, but then they have to prove how national security will be hampered by giving consular access to accused.

It does not matter under which heading India filed this case. You also have to keep in the mind that in at-least one other instance in past when Pakistan brought a case against India in the matter of shooting down a Pakistani Navy plan, government of India took its stand based on following of its own declaration and ICJ agreed:

the jurisdiction of the International Court of Justice over all disputes other than:

(2) disputes with the government of any State which is or has been a Member of the Commonwealth of Nations;

How much is a chance that now your government will take a stand contrary to its previous stands without amending its own declaration? and Pakistan actually accepting it? frankly ICJ can make a thousand requests and it will not matter a bit.

 

[Khanate]

BREAKING NEWS: Water Is Wet And Indian Government Has Lied To Its People

 

[imadul]

This is just for internal consumption. ICJ has only acknowledged receiving the indian request. ICJ is not for criminal or civil cases.
Here what happened to some of the spies in USA.
http://www.realcleardefense.com/art...e_worst_damage_to_the_us_military_108022.html

KB is spy+sabotage ring leader + terrorist ring leader. A new definition has to be invented for legal jurisprudence for his crimes.

 

[That Guy]

This is just for internal consumption. ICJ has only acknowledged receiving the indian request. ICJ is not for criminal or civil cases.
Here what happened to some of the spies in USA.
http://www.realcleardefense.com/art...e_worst_damage_to_the_us_military_108022.html

KB is spy+sabotage ring leader + terrorist ring leader. A new definition has to be invented for legal jurisprudence for his crimes.

It's called covert operations, no new definition is needed.

 

[imadul]

It's called covert operations, no new definition is needed.

His crimes surpass ......what we call .....usual evil!

 

[That Guy]

His crimes surpass ......what we call .....usual evil!

In that case, convict him of war crimes. Again, no new legal definition is required.

 

[third eye]

Everyone is flying off the handle.

Here is a Pak source from this forum . Why would this be discussed or written about if there was no need to ?

https://defence.pk/pdf/threads/what...j-on-the-kulbhushan-case.495055/#post-9468342

 

[Baby Leone]

To hell with this icj or where ever Indians go to cry for us Pakistanis our law and courts are supreme. Just hang terrorists no matter where they are coming from hang this Indian on road and send videos to general Indian public and govt so that next time they will think twice before coming to Pakistan for terrorist attacks.

 

[M@rKhor]

Rondu...

 

[Aasimkhan]

@Kedardel;

We both have access to what ICJ released. I have discussed it above in my post. Watch it.

well done graphican
Indian liars are trying to present an UNOFFICIAL paper as proof, HA HA
I think they need some lessons in BUSINESS COMMUNICATION

 

[Hammad Arshad Qureshi]

Read here http://www.icj-cij.org/docket/files/168/19426.pdf



Read under which heading the case is filed. Yes pakisthan can challenge it calling its matter of national security, but then they have to prove how national security will be hampered by giving consular access to accused.

Well maam thanks for providing me the copy of this notification.i have send this notification to one of my friend in France to analyze it and will come back to you with detailed reply . She is a lawyer and has experience in dealing with cases related to ICJ. But one thing I don't understand I read the whole document myself but I was unable to find single phrase which mentioned that ICJ has put stay on death sentence. I know I am not expert of legal matters . But when court puts something on stay it is clearly mentioned on summon or discarding the previous decision of courts.

Also my friend informed me if Pakistan wants to defend this case they can easily do it by simply challenging the jurisdiction of ICJ. Similar to incident of Atlantique aircraft incident which india used to defend as a member of common wealth.
But it seems like it was Pakistan's move to internationalize the subject and set the bait for India. And India fell for it.
And it wasn't a surprise move at all like Indians are thinking.Pakistan was anticipating such move because your Foriegn minister has already declared on parliament floor when our military court made this judgement. So we were actually ready for it.
And any justification or order is just a symbolic move in ICJ. Because almost all the justifications/verdict made by ICJ against the nations whom verdict is made usually follows it. Examples from past are case USA shooting down Iranian civilian plane in 1980's and recent Chinese denial for justification of South China Sea. So not sure what India is trying to achieve from this. While Pakistan is achieving what it wanted internationalize the issue.

 

[Rashid Mahmood]

Kulbhushan Yadav case: ICJ embarrasses India
Posted By: News Desk on: May 11, 2017

International Court of Justice on Wednesday announced that the hearing in the case of Indian spy Kulbhushan Jadhav will take place on May 15 maintaining that the death sentence of Indian spy Kulbhushan Jadhav has not been stayed.

The legal body, in a press release, said that it has already spoken to the government of Pakistan regarding the matter.

Indian media and government officials had incorrectly claimed that Jadhav’s sentence was stayed the moment ICJ released its press release about India’s application.

ICJ stated that Article 74, paragraph 4, of the Rules of Court stipulates that “pending the meeting of the Court, the President may call upon the parties to act in such a way as will enable any order the Court may make on the request for provisional measures to have its appropriate effects”