Pakistan ready to fight Kulbhushan's case in ICJ vigorously

[El Sidd]

View attachment 396046

Sup.

Uncle Sam is that you? I remember you

 

[YeBeWarned]

Ky will be back to India, come on Indians Chillax , you have your asset in Pakistan ( NS ) he will make sure that he is released , woh bhi Ba-izzat

 

[El Sidd]

Ky will be back to India, come on Indians Chillax , you have your asset in Pakistan ( NS ) he will make sure that he is released , woh bhi Ba-izzat

Wrapped in Silk?

 

[YeBeWarned]

Wrapped in Silk?

Nope, our leaders and Army has no marbles to hang a Terrorists from India .. who says we don't give equal rights to transgender people in Pakistan? we hire them in Army

 

[El Sidd]

Nope, our leaders and Army has no marbles to hang a Terrorists from India .. who says we don't give equal rights to transgender people in Pakistan? we hire them in Army

I know that.
But KY is staying it seems

 

[YeBeWarned]

I know that.
But KY is staying it seems

i will believe when i see him dead, which i doubt will happen .. he will be leaving Pakistan Alive.

 

[El Sidd]

i will believe when i see him dead, which i doubt will happen .. he will be leaving Pakistan Alive.

Ok. Lets wait

 

[Thorough Pro]

This government has gone crazy or want to favour india. this is our internal matter, we caught a terrorist and our courts convicted him. Period. COAS should sign his hanging orders asap

Pakistan has decided to fight "war of law" in International Court of Justice vigorously.

کلبھوشن یادیو معاملہ؛پاکستان کاعالمی عدالت انصاف میں بھرپور قانونی جنگ کا فیصلہ

عالمی عدالت میں جواب کے لیے پہلے مکمل تیاری کی جائے گی، ذرائع وزارت خارجہ۔ فوٹو: فائل

اسلام آباد:

وزارت خارجہ نے بھارت کی جانب سے کلبھوشن کے معاملے کو عالمی عدالت انصاف میں لے جانے کے بعد اہم عالمی فورم پر بھی بھرپور قانونی جنگ لڑنے کا فیصلہ کیا ہے۔

بھارت کی جانب سے ’’را‘‘ کے ایجنٹ کلبھوشن کا معاملہ عالمی عدالت انصاف میں لے جانے کے حوالے سے وزارت خارجہ کا اجلاس ہوا جس میں موجودہ صورتحال اور تازہ پیش رفت پر غور کیا گیا، ذرائع دفتر خارجہ کے مطابق کلبھوشن معاملے پر عالمی عدالت انصاف میں مناسب قانونی جواب دیا جائے گا تاہم عالمی عدالت میں جواب کے لیے پہلے مکمل تیاری کی جائے گی۔

انٹرنیشنل کورٹ آف جسٹس نے ٹوئٹ کے ذریعے آگاہ کیا ہے کہ بھارت نے کلبھوشن یادیو کی سزا پر عملدرآمد رکوانے کے لئے اپیل کی ہے جس میں درخواست کی گئی ہے کہ کلبھوشن یادیو کی سزا پر عملدرآمد فوری طور پر رکوایا جائے اور کسی بھی تاخیر یا معاملے کی سماعت کے بغیر پاکستانی حکام کو کلبھوشن یادیو کی سزا رکوانے کا حکم جاری کیا جائے

اس خبر کو بھی پڑھیں : بھارت نے کلبھوشن کی سزا کیخلاف عالمی عدالت انصاف سے رجوع کرلیا

واضح رہے کہ کلبھوشن یادیو کو گزشتہ سال بلوچستان سے گرفتار کیا گیا ہے جس کے بعد اس نے تحقیقات کے دوران پاکستان کو غیرمستحکم کرنے کا اعتراف کیا

Reference: https://www.express.pk/story/814477/

Translation (main points)
Pakistan will fight its "war of law" about terrorist Kulbhushan Yadev in the international court of justice. It was decided in a meeting in the foreign office.

Earlier, in a tweet, ICJ had announced that India has contacted ICJ to stop execution of Indian terrorist Kulbhushan Yadev.

 

[Vanamali]

Speaking to reporters after a seminar in Islamabad on Wednesday, Aziz said Pakistan is reviewing India's application and the ICJ's jurisdiction in the case.


really. ICJ have no juristriction over 2 commonwealth countries disputes. India used this stance before. its our turn now.
secondly we don't have to prove him guilty. you have to prove the trial wrong.

For bolded portion, as per natural justice, it is Pakistan which has to prove him guilty. Great Chess game is going on, we will have to wait to see how it pans out.

As expected, Indians are making hue and cry all over the world portraying the terrorist Monkey, Commander Kulbhushan Jadhav, as a spy. So, their latest venture is to get the ICJ involved. There is no reason to get panicked or to cow down to Indian blackmail. It is not even known at this point if ICJ has any jurisdiction on this issue at all. But it is a God-gifted chance for Pakistan to expose the terrorist side of India as a state sponsoring and using terrorism as a state policy by presenting a dossier at that forum too. Indians have pleaded that Pakistan is violating the Vienna Convention by not granting the counselor access to the disgraced terrorist. Pakistan has an opportunity to tell the world that Vienna Convention does not really apply to a state terrorist. More noises Indians make, more opportunities of exposing the ugly face of Indians Pakistan get.


My question to you: when a murderer sees gallows, what does the family of the victim get out of that hanging? Think if you have some brain.

The terrorist Monkey came to Pakistan and used his terror network to murder scores of innocent Pakistanis. Justice must be served on this filthy Hindu terrorist. You hang this disgraced terrorist and Indians would think a thousand times before sending another 'son of India' next time on a mission of terrorism into Pakistan.

Suppose if Pakistan loses in ICJ, what it is it for Pakistan, who will be held responsible? Is it NS or Army, will any heads roll for this international embracement? (I can understand what happen if India loses and I am not talking about whether ICJ has jurisdiction in this case).

 

[Hareeb]

Violation of Geneva conventions = IJC has the privileges to intervene at all costs, so buckle up. And how many threads running on the same topic discussing the matter like a broken record.



The doctored tape with over 90 plus cuts, which has ample proof of the fabrication the pakstanis have done. Good luck to them!



His confession was not taken before a public magistrate, under duress in a hostile environment under the supervision of the ISI, enough said it will be immediately become null and void and throw in the dust bin. Any confession made at gunpoint will be. Funny people you are

And people smile and laugh while having gun on their heads?

Public magistrate in Militiary Court?
He was tried by FGCM under section 59 of Pak Army Act, and neither consuler access is not given to people tried under militiary law nor ICJ can reverse decision of a militiary court.

 

[Qutb-ud-din Aybak]

For bolded portion, as per natural justice, it is Pakistan which has to prove him guilty. Great Chess game is going on, we will have to wait to see how it pans out.



Suppose if Pakistan loses in ICJ, what it is it for Pakistan, who will be held responsible? Is it NS or Army, will any heads roll for this international embracement? (I can understand what happen if India loses and I am not talking about whether ICJ has jurisdiction in this case).

India have filed a case about consular access only. if Pakistan loses only consular access would be given. he won't be saved.
but due to our security reasons this cannot be done.
also 2008 prisoners agreement would be over as India would have broken it. many Pakistanis not given such access would automatically be liable to such access.

the best part is that even according to one Indian news paper giving complete scenario. no stay under any international article had been given. we could delay our answer till may 19 and hang him at 1:00 am on may 20.
ICJ had just requested under no rule.

And people smile and laugh while having gun on their heads?

Public magistrate in Militiary Court?
He was tried by FGCM under section 59 of Pak Army Act, and neither consuler access is not given to people tried under militiary law nor ICJ can reverse decision of a militiary court.

true. and he will be hanged and not given any access in future too.
India is also using the same military courts against alleged ISI agents.

And people smile and laugh while having gun on their heads?

Public magistrate in Militiary Court?
He was tried by FGCM under section 59 of Pak Army Act, and neither consuler access is not given to people tried under militiary law nor ICJ can reverse decision of a militiary court.

true. and he will be hanged and not given any access in future too.
India is also using the same military courts against alleged ISI agents.

 

[graphican]

This government has gone crazy or want to favour india. this is our internal matter, we caught a terrorist and our courts convicted him. Period. COAS should sign his hanging orders asap

Delaying Kulbhushan's hanging is another treason against country. You know India is going to make fuss and you are allowing it to make more fuss for a longer duration of time, with no gains for Pakistan.

19th May is the end of 30 days period of Kulbhushan. Now lets see how this International Court thing goes, but if Pakistan decidese not to give them value, Kulbhushan will be executed on 20th May.

 

[GlobalVillageSpace]

What are Pakistan’s options in ICJ on the Kulbhushan Case
Global Village Space |

Zeeshan Munir |

Everyone in Pakistan seems to have been caught off guard by the desperate Indian act of approaching ICJ to safeguard its national Kulbhushan Jadhav. Minister of External Affairs of India, Ms. Sushma Swaraj just before midnight on May 9th broke this news via her twitter account, informing her compatriots of this last ditch Indian effort. Her statement in the parliament iterating that India would go “out of the way” to save Jadhav seems to be coming to effect.

Indian violation of UN Charter
This malignant Indian act violated the principle of non-interference recognized in Article 2(4) of the UN Charter.

In the confessional statement released by ISPR in 2016, Mr. Jadhav, a serving Indian naval officer revealed that he is a spy working for premier Indian intelligence agency RAW. This indeed was an earth shattering revelation since it implied that India is involved in the extraterritorial spying and has violated the sovereignty of another country in brazen infringement of international law. This malignant Indian act violated the principle of non-interference recognized in Article 2(4) of the UN Charter.

Mr. Jadhav also disclosed that RAW is in direct contact with BLA, BRA and other Baloch separatist organizations and provides them with weaponry and cash to assist them in their guerrilla-style operations against Pakistani security forces. This Indian act also exceeds the non-interference standard provided for by the UN Charter. U.S. support to the contras in Nicaragua in the 1980s constitutes the most notable example of such an instance available in the international jurisprudence.

Rea more: India’s Fury on Kulbhushan’s Death Sentence: What are India’s real options?

The Status of Kulbhushan Jadhav under international law
International law texts also state that individuals not part of diplomatic missions or operating inside the territory of another country without the letter of recommendation by their respective government have no recognized position

Mr. Jadhav entered Pakistan from Iran using the alias Hussein Mubarak Patel. He was carrying various identity documents. After his arrest was made public, India did not declare him the member of diplomatic staff. For their part, non-diplomatic state agents involved in espionage or subversive activities in the territory of another country do not benefit from any diplomatic immunity and are personally culpable for any violation of the laws of the state where they were caught spying. It is worth mentioning that the states of such spies are responsible for any breach of international law arising from their actions.

International law texts also state that individuals not part of diplomatic missions or operating inside the territory of another country without the letter of recommendation by their respective government have no recognized position. That person may be expelled at any moment if he becomes troublesome and he may be criminally punished if he commits a political or ordinary crime.

Also, Mr. Jadhav is a serving Indian naval officer. He was caught doing espionage. India and Pakistan are not in the state of war. However, IHL which regulates war has provided its own rules on spies. Article 46(1) of the 1977 Additional Protocol I provides that, “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 of prisoner of war and may be treated as a spy.” A broader interpretation of this rule during peace time, one can infer that the domestic law of the state in which the act of espionage was conducted can try the spy under its domestic law.

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

Options for Pakistan
India has always maintained that all disputes between her and Pakistan be solved bilaterally without the involvement of the third party. It even made amendments in its constitution to ensure it happens.

Read full article:
What are Pakistan’s options in ICJ on the Kulbhushan Case

 

[third eye]

A very poorly written article from a source with a record of poor journalism.

The title suggests that option for Pk would be discussed, all that one reads is this :

Options for Pakistan
India has always maintained that all disputes between her and Pakistan be solved bilaterally without the involvement of the third party. It even made amendments in its constitution to ensure it happens.

Where are the options ? ...or are there none for if there were any the learned author would have discussed them.

This admission in the opening line appears to be reason for the bluster in the article with no substance :

Everyone in Pakistan seems to have been caught off guard by the desperate Indian act of approaching ICJ to safeguard its national Kulbhushan Jadhav.

 

[Qutb-ud-din Aybak]

1. Vienna convention don't apply on spies.
2. ICJ have no juristriction over two common wealth member countries dispute.
3. indo pak 2008 agreement give Pakistan right to deny him counselor access.
4. Pakistan can say that still terrorists sponsored by India and revealed by kalboshan are on run and his release or counselor access will put Pakistan security at risk.
5. Pakistan can hang him before any legal stay is given on his death sentence.
6. Pakistan get out of ICJ court and ask China to veto any UN resolution against us.
7. kalboshan real name or fake name is Hussain Mubarak. India never asked for access to Hussain Mubarak Patel.
8. Pakistan if ICJ hear this issue should take up old issues dismissed by ICJ on the grounds that they don't have any juristriction over common wealth countries issue and then take up the issue at UN about the double standards and then take china path of not accepting ICJ double standards.