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

[Viny]

Oh God. you Indians are thick. Aren't you?

Let me quote from an Indian source now.



http://www.news18.com/news/india/me...binding-on-pakistan-legal-expert-1397623.html

Got it?? There is no order and nothing legally binding on Pakistan right now at this moment.

I am sorry if someone cannot understand the legal english then i cant help much.
I know how it works and what it means, I tried to explain people here, if it doesnt make sense to you, you can live in your on world.

India wants a quick war with Pakistan and they are looking for right moment for it, NS is pro India so in his time India may try to do something aggressive on LOC or possibly IB as NS may not allow harsh response, but this will be Indian miscalculation if they took this route.

Nopes India will not go on war, not today not anytime in future unless something very crazy happens from Pakistan side and government is pushed to extereme. Otherwise this game of love letters, legal letters will keep going on...

 

[Basel]

I am sorry if someone cannot understand the legal english then i cant help much.
I know how it works and what it means, I tried to explain people here, if it doesnt make sense to you, you can live in your on world.



Nopes India will not go on war, not today not anytime in future unless something very crazy happens from Pakistan side and government is pushed to extereme. Otherwise this game of love letters, legal letters will keep going on...

If you think that then you are unable to read whats your government is up to and why CSD was created.

 

[Areesh]

I am sorry if someone cannot understand the legal english then i cant help much.
I know how it works and what it means, I tried to explain people here, if it doesnt make sense to you, you can live in your on world.

read what your own media and your own legal expert is saying. You know more than him or he doesn't know legal English

Yateesh Begoore: While many Indian news agencies have reported that the ICJ has issued an order staying the execution of Mr. Jadhav’s death sentence, that is not, in fact, the case. A provisional measure (which is, in some aspects, similar to “stay” under domestic law) can only be ordered by a bench of the ICJ sitting to hear the request for indication of provisional measures filed by India under article 41 of the Statute of the International Court of Justice – this has not happened. The development which is erroneously being reported as a stay is technically a request made by the President of the court under article 74(4) of the Rules of the Court. Under these Rules, the President of the court has the power to “call upon” a party to a dispute to not take any action which would prejudice the ability of the court to award a provisional measure. These requests are not per se legally binding upon the parties to which they are made.

http://www.news18.com/news/india/me...binding-on-pakistan-legal-expert-1397623.html

Your own legal expert is saying there is no stay order or anything like that. There is nothing legally binding on Pakistan not to hang KBY right now. You can act stubborn and keep trying to hide behind words and English but that doesn't change the fact that there is no order by ICJ as of now.

 

[Viny]

read what your own media and your own legal expert is saying. You know more than him or he doesn't know legal English



http://www.news18.com/news/india/me...binding-on-pakistan-legal-expert-1397623.html

Your own legal expert is saying there is no stay order or anything like that. There is nothing legally binding on Pakistan not to hang KBY right now. You can act stubborn and keep trying to hide behind words and English but that doesn't change the fact that there is no order by ICJ as of now.

Glad that now you trust our media out right
Just to let you know there are 480+ news channels and over 2000+prints who keep on seeking someone who can says something on given topic so that they can make some sensational new out of it. If you start believing on them you will question your existence itself

 

[Areesh]

Glad that now you trust our media out right
Just to let you know there are 480+ news channels and over 2000+prints who keep on seeking someone who can says something on given topic so that they can make some sensational new out of it. If you start believing on them you will question your existence itself

Good. But still that doesn't mean ICJ has issued an order which it didn't. Sorry dear can't accept something that didn't happen. You can keep believing that you have some sort of order with you.

 

[Viny]

If you think that then you are unable to read whats your government is up to and why CSD was created.

Neither India nor world can afford Indo Pak war, so chill, have fun and enjoy e-meets at PDF

Good. But still that doesn't mean ICJ has issued an order which it didn't. Sorry dear can't accept something that didn't happen. You can keep believing that you have some sort of order with you.

There is no hearing, so there is no "ORDER" in terms if you are looking for something like Courts "Stay Order".
The current state is that ICJ has accepted a case and thus the president (not judges / bench) has asked the parties to maintain status quo such that when court meets for hearing and what ever provisional measures the court orders then should have its appropriate affects.

Which in terms means dont hang the poor KY for now until court meets and decides future actions.

Also this doesnt mean that pakistan court hearings where wrong or there orders are not accepted. It just means please hold until we meet, since we have got a petition to which we need to answer.

 

[Qutb-ud-din Aybak]

The first paragraph about Islamic history reminds me of 'dawn leaks' and 'panama leaks'

How Pakistani establishment tried to use the boiling pot with stones strategy and failed.

All the points you have mentioned becomes invalid when the sham trial is looked in humanitarian perspective. Not as a military or security matter. This also rules out that this is a bilateral issue because this is a human rights issue.

Mr. Yadav is not serving officer , he is a retired naval officer and a Bussiness man. On humanitarian grounds this case was taken for proceeding by icj.

Check this article

https://thewire.in/134185/what-to-expect-from-india-and-pakistans-consular-case-at-the-icj/

too much for a terrorist who killed 1300+ people. wish you showed the same to ajmal kasab too.

 

[Srinivas]

too much for a terrorist who killed 1300+ people. wish you showed the same to ajmal kasab too.

What ever your claims are.

 

[Spring Onion]

Trust me chances of India winning this case is negligible unless Pakistan makes mess on itself.
India wants Pakistan to deny ICJ jurisdiction, this will help govt in many ways.
1. They will say that they tried there best to save KY by going to International Court, but pakistan has denied the access. so pakistan is rouge nation. As its very well understood that getting KY out of Pakistan is not possible unless some back channel works.
2. The decision also opens up path for other hanging issues.




Please understand the language used here "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"

Itself means that you cannot hang KY until the case is dismissed or results are given, because if case is formed and comes under ICJ jurisdiction and if India wins the case then you would be required to hand over KY, and if you would have already hanged him, then you will not be able to fulfill the court orders

Unlike what we see in our local courts giving a "Stay Order", this more politically and bureaucratically correct way of saying same thing

you guys are making all kinds of lame excuses plz don't. because both india and Pakistan already notified and every now and tthen notify the ICJ of the matters which both the countries decide to deny jurisdiction of this body. it is not that the jurisdiction is denied by either country all of a sudden during a trial. so your excuse that india wants Pakistan to deny icj jurisdiction is lame .we already notified ICJ in march about some matters pertaining to our internal security which we wanted to exclude from ICJ jurisdiction. this one includes.
now as an Indian tell me what are you Seeking for Kaldbhushan at ICJ???

 

[Areesh]

There is no hearing, so there is no "ORDER" in terms if you are looking for something like Courts "Stay Order".
The current state is that ICJ has accepted a case and thus the president (not judges / bench) has asked the parties to maintain status quo such that when court meets for hearing and what ever provisional measures the court orders then should have its appropriate affects.

Which in terms means dont hang the poor KY for now until court meets and decides future actions.

Also this doesnt mean that pakistan court hearings where wrong or there orders are not accepted. It just means please hold until we meet, since we have got a petition to which we need to answer.

It is the same thing. It is no order or anything that legally binds Pakistan to not to hang KBY. Pakistan can still hang KBY and there is nothing legally binding even from ICJ that stops Pakistan in any manner. In legal world only clear orders mean something and not such requests which are nothing legally.

 

[Tamil_Manithan]

Here we go now Stay Order announced live from the court.

 

[Rashid Mahmood]

A blunder made by the corrupt Govt to go to ICJ.
The terrorist should have been hanged, but our corrupt leaders have failed and fell into the trap as planned during the jindal visit.

 

[Green Arrow]

A blunder made by the corrupt Govt to go to ICJ.
The terrorist should have been hanged, but our corrupt leaders have failed and fell into the trap as planned during the jindal visit.

Well that is the fear Sir. No Matter How strong our case is but this can be lost by putting the week arguments in ICJ by our current govt. Still I don't see Indian monkey going free. Most likely his death sentence will be turned into Life imprisonment.

 

[Sully3]

Between Pakistan and India, it is usually Pakistan that seeks to internationalise disputes between the two countries. After the Mumbai attacks of 2008, without very much effort at all, India was able to make an international argument against Pakistan – but even then, the Indian state has been consistently bilateralist in its approach. For many Pakistanis, this has always seemed to be an Indian vulnerability, the thinking being that India must surely be scared of having international scrutiny of its behaviour in Kashmir. Indians have traditionally seen it differently. Denying third party or multilateral involvement is a pillar of the fierce independence and sovereignty that Nehruvian statehood insists upon: “India is big enough to manage its own center of gravity”. “India doesn’t need any power to help it manage its affairs”. “India is enough for India”.

So taking an issue to the International Court of Justice (ICJ) seems like an odd choice, especially at a time when India claims to have successfully left Pakistan far behind economically, and isolated politically. If the hype in India is to be believed, there has never been a better time to deal with Pakistani bilaterally. Moreover, the Kulbushan Jadav case hardly seems like a slam-dunk, given his clouded status. No one can explain, just how he ended up in this mess. No one in India has denied that Kulbushan Jadav is a serviceman from the Indian Navy. And no one has denied that he was either across, or close to the border between Pakistan and Iran.

Going to the ICJ reeks of desperation. The Indian government, by its own 1974 declaration of jurisdiction for the ICJ, bars matters like the Jadav case from being examined by the ICJ. Even if the Indian government claims an exception in this matter, there remains the challenge of Pakistan accepting ICJ jurisdiction on the issue. Barring all this, even if the ICJ was to take a position on the issue, it would not be in a position to enforce it. In short, if decision-makers in Pakistan have determined that Jadav must die, then it seems unlikely that there is much the ICJ can do to stop this from happening.

All of this has to be known to Indian decision-makers. Many Pakistanis have a deep and abiding respect for the Indian strategic community: it doesn’t fly off the handle or make decisions under duress or out of desperation. And this adds to the mystifying quality of New Delhi’s move to invoke the ICJ in the Jadav case.

Win or lose at The Hague, India is not likely to get Jadav back by bullying, or “lawyering” Pakistan. A delicate and fragile set of informal norms defines the military-to-military relations between the two countries. Among them is rumoured to be the “sshh, here’s your guy” code. It is a mechanism that ensures neither country ever has high-value intel assets stuck in the other. It is bad for business. But a lot has changed, and is changing in India. The Modi government has advertised this cessation of business-as-usual. Now that the ICJ is the scene for one of the conversations India wants to have with Pakistan, it is plausible that conversations Pakistan has been wanting to have with India, may also open up. Will Pakistan take India to the ICJ over one or several of its complaints related to Kashmir? If we are on Step One of the escalatory ladder of multilateralism, what is step two? And how far does the ladder reach? Sadly, we may spend the next several months and years exploring this kind of question. A terrible outcome for those of us that believe in a peaceful and normalised region for our people.
http://indianexpress.com/article/opinion/kulbhushan-jadhav-pakistan-icj-hague-india-4649866/

 

[hussain0216]

Its because they can't do anything else...

They have no leverage against us, can't afford a war, India is planning but so is Pakistan

They are stuck