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Pakistan and India skirmish at the Hague

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Pakistan and India skirmish at the Hague
Global Village Space |


Pakistan and India faced off in the International Court of Justice on Monday. Representatives from both countries presented their arguments to the ICJ.

Pakistan’s counsel told the top international court that Jadhav, an Indian national, was arrested on Pakistani soil and had confessed to having been sent by Delhi to “wage terror” on innocent civilians and its infrastructure.

Rather than imposing emergency measures, a hearing on the merits of the case within six weeks could be scheduled within six weeks.

Mohammad Faisal, from the foreign affairs ministry, said the ICJ tribunal had been shown a video of the confession which was available online “for viewers to decide for themselves whether commander Jadhav is confessing voluntarily”. Mr. Faisal also showed the ICJ an image of a passport found in Jadhav’s possession that showed his cover Muslim name, Hussein Mubarak Patel.

Read More: If Pakistan goes to the ICJ mala fide interests are at play

“India has been unable, or perhaps unwilling, to provide an explanation for this passport which is the most obvious indication of covert and illegal activity,” he said.

Mr. Faisal told judges that rather than imposing emergency measures, a hearing on the merits of the case within six weeks could be scheduled within six weeks.

India, however, denied that Jadhav was a spy in its application last week and lodged a protest at the ICJ accusing Pakistan of “egregious violations of the Vienna convention”.

“India believes that the farcical nature of the proceedings and unjust trial by a Pakistan military court… has led to a serious miscarriage of justice,” said Deepak Mittal, an official at India’s external affairs ministry

India’s argument is that because the case is likely to take months or years to resolve, the ICJ must immediately order Pakistan to “take all measures necessary” to prevent Jadhav’s execution until the court has given its decision.

The court’s president already wrote to Pakistan urging it to take no action that could affect the hearing of the Indian request to prevent the death sentence.

The counsel maintained the case related to the sovereignty of Pakistan and thus did not fall under the purview of the ICJ.

To counter India’s argument, Pakistani counsel Khawar Qureshi told the court that India had concealed facts during the hearing in an attempt to secure the stay order against the death sentence awarded to Jadhav for carrying out subversive acts in Pakistan.

Read More: Kulbhushan Yadav’s death sentence: Has Pakistan pressed the self-destruct button?

He said that India had failed to inform the court of the fact that Jadhav was arrested in Balochistan and that he possessed double passports and birth certificates.

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Pakistan and India skirmish at the Hague
 
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The Hague case is purely being argued by both sides on technical / procedural grounds only.

But any side that wins will make it sound like a vindication of the guilt or innocence of KJ and the other state.

That is not the case. I know technical nuances < sloganeering on this forum, but I had to say it.
 
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india just dug its own grave.
its actually win for pakistan even if the clear jadav doesn't matter it will take decades.but all these years india was opposing any 3rd party involvement in pak india affairs now she herself went to icj.good times ahead
 
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india just dug its own grave.
its actually win for pakistan even if the clear jadav doesn't matter it will take decades.but all these years india was opposing any 3rd party involvement in pak india affairs now she herself went to icj.good times ahead

If I could correct you India never blocked any third party intervention between us, that premise is only for Kashmir dispute. :-)
 
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If I could correct you India never blocked any third party intervention between us, that premise is only for Kashmir dispute. :-)

What about in 1999 when you argued that the ICJ has no jurisdiction?
 
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Hague battle: Pakistan still very much in the game
Global Village Space |


Ikram Sehgal |

This was a good week for Pakistan. First, Modi made the faux pas of the decade by boycotting the China Summit on the “One Belt One Road (OBOR) initiatives, then India gave us an enormous platform for internationalizing human rights by going to the ICJ over the Kulbushan Jadhav matter.

Reacting angrily to the death verdict by a military court, some BJP politicians demanded that the Baloch form a government-in-exile and the Indian govt declare Balochistan ‘an independent state’.

Arrested by security forces while entering Balochistan from Iran last year on March 23, Lt Comd Jadhav, a serving officer of the Indian Navy, admitted in a confessional video that he is an operative of the Indian intelligence agency Research and Analysis Wing (RAW) and that his passport, under the pseudonym “Hossein Mubarak Patel”, was fabricated for “intelligence gathering”. Admitting Jadhav was a citizen, the Indian Foreign Office claimed he had taken “early retirement from the Indian Navy” but was unable to explain away his passport. Before she and her children were whisked away by Indian intelligence agencies, Jadhav’s wife confirmed he was due to retire in 2022. His phone calls in Marathi to his family did not go with his assumed identity.

Read more: ICJ verdict allows Pakistan to show the real Machiavellian India

Jadhav and the undeniable tale of espionage
Spies and saboteurs are routinely dealt with a Field General Court Martial (FGCM) under the Pakistan Army Act (PAA), under the Manual of Pakistan Military Law (MPML). Jadhav has the right of appeal to Pakistan’s Supreme Court within 60 days. Every country in the world, including India, has similar statutes and provisions in the law. Reacting angrily to the death verdict by a military court, some BJP politicians demanded that the Baloch form a government-in-exile and the Indian govt declare Balochistan ‘an independent state’. Could there be a more blatant example of interference in the internal affairs of another country or inciting its breakup?

The ICJ Jadhav case provides an excellent opportunity for Pakistan to disseminate to a world audience credible evidence about India’s state-sponsored terrorism destabilizing its neighbors.

While ICJ did not allow Jadhav’s confessional video before a Magistrate that he was tasked by RAW to plan, coordinate, and organize espionage and sabotage activities to destabilize Pakistan to be played, it is available on the internet. Recruited after the Indian Parliament attack, he ‘contributed his services’ towards information and intelligence gathering within India before RAW tasked him with establishing a small business in Chahbahar in Iran for running a clandestine terror network targeting Pakistan. Answering to Anil Kumar Gupta, the Joint Secretary of RAW, he conducted operations in Balochistan and Karachi training and launching Baloch insurgents to kill or maim Pakistani citizens. Crossing into Pakistan from the Saravan border in Iran on March 3, 2016, during one of his missions, he was apprehended. Jadhav is living proof of India using terror as a strategy through its “state actors”. Remember the Tamil Tigers and Prabhakaran in Sri Lanka?

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Hague battle: Pakistan still very much in the game
 
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How much longer for this Indian terrorist to be executed? So I can post his death pic as my new avatar. :sniper:
 
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