Diplomatic victory for India as ICJ asks defiant Pakistan to implement ruling

NEW DELHI (TIP): The International Court of Justice (ICJ), on May 18, stayed the execution of Kulbhushan Jadhav until it rules on the merits of the case. The stay passed unanimously by the court is a diplomatic victory for India as  it upheld its argument that Pakistan has violated the Vienna Convention. For Pakistan, it comes as a setback since the court did not accept its arguments that the 2008 bilateral agreement between India and Pakistan on consular access takes precedence over the Vienna Convention.

While India welcomed the decision and said it was a matter of relief for everyone, Pakistan was quick to say that the United Nations‘ highest court has no jurisdiction in national security matters.

The Ministry of External Affairs said the ICJ order was “unanimous, favorable, clear and unambiguous”. MEA spokesperson Gopal Baglay said the “provisional relief provided by the ICJ is the first step towards ensuring justice”.

A statement by the office of Pakistan’s attorney general was in line with the position taken by their foreign office that the order of the ICJ did not change the status of Jadhav in any manner. “We are determined to pursue this case to its logical end,” said the statement.

Pakistan foreign office spokesman Nafees Zakaria said India had been “trying to hide its real face” by taking the case of Jadhav to the ICJ.

The ICJ, in its stay today, upheld India’s argument on the “urgency” of the issue. “Without prejudging the result, the ICJ considers that the risk or irreparable prejudice, the mere fact that Jadhav is under such a sentence and might be executed, is sufficient to demonstrate such a risk. There is considerable uncertainty as to when the decision on any appeal is rendered or when Jadhav will be executed,” said ICJ President Judge Ronny Abraham.

What might make matters tough for Pakistan are the court’s observations that its orders are legally binding. Pakistan claims to have arrested Jadhav from the restive Balochistan in March last year for “espionage”. While India has accepted that Jadhav is a former naval officer, it has rubbished claims of his being a spy. “Satisfied at ICJ order staying the execution of Kulbhushan Jadhav. Satisfied at the efforts of Harish Salve for presenting Indian case effectively. –Narendra Modi, PM

“The ICJ order has come as a great relief…We are grateful to Harish Salve for presenting India’s case so effectively before ICJ. I assure that under the leadership of PM Modi, we will leave no stone unturned to save (him). –Sushma Swaraj, External Affairs Minister

“As a lawyer for 40 years, you get a feel of how judges are reacting. I felt a positive energy when I was arguing the case. I felt judges were connecting. I felt gratified. I did not feel that connection when the other side was arguing. -Harish Salve,

Counsel for India. (Source: Tribune India)