ICJ stays death sentence of Jadhav.
Agencies
The Hague
The International Court of Justice (ICJ), the primary judicial organ of the United Nations, has stayed the death sentence awarded to former Indian Naval officer and Indian spy Kulbhushan Jadhav by the Pakistan military court, citing that both – India and Pakistan – were bound by the Vienna Convention and that the rights invoked by New Delhi under the Vienna Convention were plausible.
Justice Ronny Abraham of the ICJ read out the much-awaited verdict and asserted that the case was indeed debatable, while also adding that the ICJ had prime facie jurisdiction in the case.
Abraham added that under the Vienna Convention, India should have received consular access to seek justice for the former Indian Naval officer.
The only condition under which Jadhav now stands to face execution is if Pakistan does not comply with the ICJ’s decision. India can then go to the Security Council, which may then decide upon measures to be taken to give effect to the judgement.
The UN charter entails that ‘each member of the United Nations undertakes to comply with the decision of the International Court of Justice’ and ‘if any party to a case fails to perform the obligations, the other party may have recourse to the Security Council.’
A Pakistan military court had awarded the death sentence to former Indian naval officer Jadhav on April 10 for alleged espionage and subversive activities.
However, India, after being denied consular access for 16th time, dragged Pakistan to the ICJ on May 8 for violating the Vienna Convention
