Pakistan ready to fight Kulbhushan's case in ICJ vigorously

[Verve]

This is one Pandora's box Indians should have left closed. My only concern is likes of PMLN making it a weak case in front of ICJ and removing evidence as done from dossiers before.

 

[Jackdaws]

I find it hard to believe that Pakistan accepted ICJ jurisdiction. It is an internal struggle between the civilian and military leadership of Pakistan - a game of oneupmanship. A deal has probably already been cut and Pak will either release Jadhav or he will be killed in custody in an "incident".

 

[Windjammer]

Very good.
Pakistan has walked into trap like a loyal boy.

No genius, it's Bharti Basanti who has now got her saree in a twist.


''It's a big step by India because it has traditionally refused to allow multilateral agencies or courts to get into bilateral matters. Given Kashmir sensitivities within the Indian system, this is the first time India has taken the first step to internationalize an issue like this. It is also taking an international legal route to essentially a bilateral problem. Its also unclear just yet whether there could be other political ramifications to India's actions.''

http://timesofindia.indiatimes.com/...-and-india-on-may-15/articleshow/58609584.cms

 

[Qutb-ud-din Aybak]

http://m.hindustantimes.com/india-n...th-sentence/story-p4FxTJG9h1bKOhbbRX255K.html
Remember the time India ignored ICJ? Why Pakistan may not comply with Kulbhushan Jadhav order

India in the past has questioned the ICJ authority to decide on the dispute between the two countries. Moreover, ties between the two countries are tense following a string of border clashes and terror attacks in India.




In this March 29, 2016 photo, journalists look at an image of Indian naval officer Kulbhushan Jadhav, who was arrested in March 2016, during a press conference by Pakistan's army spokesman in Islamabad, Pakistan. (AP Photo)

Updated: May 10, 2017 14:23 IST

By Jayanth Jacob, Hindustan Times, New Delhi

India may be breathing easy after the International Court of Justice (ICJ) stayed the hanging of its national Kulbhushan Jadhav but the past and fractured ties with Pakistan will likely come in the way of getting the Indian national home safely.

Late on Tuesday, the court, based in the Dutch city of The Hague, stayed the death sentence handed down to the former naval official by a military court in Pakistan that found him guilty of spying.

India in the past has questioned the ICJ authority to decide on the dispute between the two countries. Moreover, ties between the two countries are tense following a string of border clashes and terror attacks in India.

Here is what lies ahead:

Will Pakistan accept the ICJ order?

Technically, it should but if the past is anything to go by, it may not.

India believes the ICJ can look into Jadhav’s case as both the countries are signatories to the optional protocol of the Vienna convention on consular relations (VCCR). The protocol says any dispute arising out of the interpretation or application of VCCR shall lie within the jurisdiction of the ICJ.

But, last time India won a case against Pakistan was by arguing the court didn’t have the jurisdiction on matters involving two Commonwealth countries.

“I am not sure it is a wise move to go to ICJ. Pakistan could cite precedence of India citing ICJ having no jurisdiction in a case in 1999 involving Pakistan,” said Narendra Singh, secretary general, Indian Society of International Law.

Singh, a former head of foreign ministry’s legal and treaty division, was referring to India taking Pakistan to The Hague-based court in 1999. A Pakistani military plane had been shot down in the Indian air space over the Rann of Kutch. India told ICJ it didn’t have the jurisdiction to hear the case, an argument accepted by the court.

In September 1974, New Delhi spelt out the issue over which it would accept the jurisdiction of the ICJ, replacing a similar declaration made in 1959.

Among the matters over which India does not accept the ICJ jurisdiction are: “Disputes with the government of any state which is or has been a member of the Commonwealth of Nations”.

India and Pakistan are both members of the Commonwealth, a grouping of 53 countries most of which are former British colonies nation.

What India wants

New Delhi has asked for these provisional measures from the ICJ till the case is decided:

• Pakistan should take all steps necessary to ensure Jadhav is not executed.

• It reports to the ICJ measure taken to secure Jadhav.

• Pakistan should not take any action that could prejudice the rights of India or Jadhav.

• India also asked the ICJ president to exercise his power under Article 74, section 4 of the rules of the ICJ.

According to section 4, “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.”

 

[Qutb-ud-din Aybak]

pakistan can win the case or move out of it.simple for us.

 

[koolio]

Yes but the question is does ICJ have jurisdiction to hear a case against a spy?

 

[Qutb-ud-din Aybak]

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.

At most he was a spy and not a terrorist, if it was so easy to prove him terrorist India wouldn't have gone to ICJ also Pakistan wouldn't have declined consular access 15-16 times. India has called Pakistan's bluff, now either prove KJ was a terrorist in ICJ (confession counts for $hit), show on what evidence was he handed death penalty or disregard ICJ (kiss IWT goodbye) or loose face. PA has made Pakistan and Pakistani government looks like fools.

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.

 

[foxf2390]

This is one Pandora's box Indians should have left closed. My only concern is likes of PMLN making it a weak case in front of ICJ and removing evidence as done from dossiers before.

It is going to be same as what happened in Dawn or Panama leaks.

 

[Verve]

It is going to be same as what happened in Dawn or Panama leaks.

Not really, if one looks at what happened at NSG! Establishment forced their way on the NSG matter, and PMLN had no say!

As for Yadev, NS may have done as much as he could by keeping quiet. Yadev is not Maryam/Sons that he has to save in Dawn and Panama.

 

[foxf2390]

Not really, if one looks at what happened at NSG! Establishment forced their way on the NSG matter, and PMLN had no say!

As for Yadev, NS may have done as much as he could by keeping quiet. Yadev is not Maryam/Sons that he has to save in Dawn and Panama.

He will save his investments which he has done in India. Money is over everything for NS.

 

[Sugarcane]

Good, Now don't screw up the opportunity to prove that India is involved in terrorism in Pakistan at international forum. I am sure it will not be problem with "concrete evidences" which our agencies and institutions claims to have.

 

[Verve]

He will save his investments which he has done in India. Money is over everything for NS.

His investment (from looted wealth of Pakistan) in India is small compared to his looted wealth elsewhere in the world. US was pushing for India's NSG and didn't succeed despite NS's wealth in the West.

 

[foxf2390]

His investment (from looted wealth of Pakistan) in India is small compared to his looted wealth elsewhere in the world. US was pushing for India's NSG and didn't succeed despite NS's wealth in the West.

NSG has nothing to do with NS and he has no say in it. It was because of China that india was not able to get in.

 

[war&peace]

This is one Pandora's box Indians should have left closed. My only concern is likes of PMLN making it a weak case in front of ICJ and removing evidence as done from dossiers before.

The best solution is to hang the cretin immediately.

 

[Thəorətic Muslim]

ICJ has a jurisdiction on international treaties & conventions.