FB   
 
Powered bysps
        Society for Policy Studies
 
 

 
Kulbhushan Jadhav case: ICJ verdict is a victory but will hit India-Pakistan relations badly
Posted:May 18, 2017
 
Print
Share
  
increase Font size decrease Font size
 
India’s gambit of approaching the International Court of Justice (ICJ) in the Kulbhushan Jadhav case has paid off. Passing interim orders, the court has directed Pakistan to ensure that Mr Jadhav - accused and convicted of spying and subversive activities - is not executed till the case is finally decided. From here on, it would take a year of more for the court to conclusively decide the issues raised by India.
 
The order is historic. This is because the last time in 1999, when the two countries went to the world court over shooting of a Pakistani military plane by India – the ICJ said that it had no authority to decide the case.
 
But 18 years on, the ICJ in changed circumstances has come to a different conclusion.
 
For India, this verdict is a victory. India has not only saved its citizen from the gallows but also its image of not being the meddlesome actor in Balochistan in Pakistan. Mr Jadhav was allegedly arrested from Balochistan.
 
There’s a flip side to the story too. After this ruling, nothing stops Pakistan in future from approaching the world court for consular access for Pakistan terrorists arrested by the Indian security forces. And if read with the world court’s dismissal of Pakistan’s argument that Vienna Convention on Consular Relations doesn’t apply to people suspected of terrorism, there are implications for India.
 
For Pakistan, this verdict could trigger fresh round of bickering between the Nawaz Sharif government and the military. While the military establishment wants to send Mr Jadhav to the gallows, the civilian government is under an international obligation to protect him till the case is finally decided.
 
This verdict also poses a serious challenge for the already strained India-Pakistan relations.
 
The ruling may have come in India’s favour but there’s a gap that this order does not address. On the core issue of granting consular access to Mr Jadhav, the court is silent and in the days to come the only comfort for him will be that he will not be hanged soon.
 
Read More: http://www.hindustantimes.com/editorials/kulbhushan-jadhav-case-icj-verdict-is-welcome-but-will-hit-india-pakistan-relations-badly/story-M7dW9r1qyJefhfGsqW9r3L.html
Hindustan Times, May 19, 2017
 
 
 
 
Print
Share
  
increase Font size decrease Font size
 

Disclaimer: South Asia Monitor does not accept responsibility for the views or ideology expressed in any article, signed or unsigned, which appears on its site. What it does accept is responsibility for giving it a chance to appear and enter the public discourse.
Comments (Total Comments 0) Post Comments Post Comment
Review
 
 
 
 
spotlight image Relations between India and Peru  are united by El Niño and the monsoon yet separated by vast distances across oceans.  Jorge Castaneda, Ambassador of Peru to India, talks to INDIA REVIEW & ANALYSIS exclusively about what is bringing the two geographically-apart countries closer.
 
read-more
The United Nations General Assembly rallied around world court Judge Dalveer Bhandari of India on Monday in his bid for reelection, defying the Security Council where permanent members and their allies put up a fight to protect one of their own, Britain's Christopher Greenwood.
 
read-more
  It has now been admitted that the shrines in Kashmir are not safe. However, the safety measures put in place by the concerned are not up to the mark. This harsh reality came to fore during Khankah-e-Moula blaze.
 
read-more
Another anti-China report has been issued by the US-China Economic and Security Review Commission. The commission, created by Congress, has in past annual reports proposed extremely negative policies towards China. This year is no exception.
 
read-more
This week a major United Nations gathering on climate change gets underway in Bonn, Germany.
 
read-more

In its own coded and diplomatic style, the World Bank has warned that the government’s growth story is now at risk given the scale of the macroeconomic imbalances growing within it.

 
read-more
Column-image

Title: The People Next Door -The Curious History of India-Pakistan Relations; Author: T.C.A. Raghavan; Publisher: HarperCollins ; Pages: 361; Price: Rs 699

 
Column-image

Could the North Korean nuclear issue which is giving the world an anxious time due to presence of hotheads on each side, the invasion of Iraq and its toxic fallout, and above all, the arms race in the teeming but impoverished South Asian subcon...

 
Column-image

Title: A Bonsai Tree; Author: Narendra Luther; Publisher: Niyogi Books; Pages: 227 Many books have been written on India's partition but here is a firsthand account of the horror by a migrant from what is now Pakistan, who ...

 
Column-image

As talk of war and violence -- all that Mahatma Gandhi stood against -- gains prominence across the world, a Gandhian scholar has urged that the teachings of the apostle of non-violence be taken to the classroom.

 
Column-image

Interview with Hudson Institute’s Aparna Pande, whose book From Chanakya to Modi: Evolution of India’s Foreign Policy, was released on June 17.