Pakistan News Service

Tuesday Jun 19, 2018, Shawwal 5, 1439 Hijri
Logo Logo
Pakistan News Home -> Top -> News Details

Islamabad to review India position on Kulbhushan Jadhav

11 May, 2017

  Related News  
Standoff between military and civilian govt came to an end
Chaman border crossing will stay closed until Afghan govt addresses Pakistan's reservations: Sartaj Aziz
  More on this View All

ISLAMABAD: Adviser to the Prime Minister on Foreign Affairs Sartaj Aziz said on Wednesday that Islamabad was still reviewing India’s position on Pakistan’s decision to execute Indian spy Kulbhushan Jadhav.

Talking to reporters after an event in the capital, he said India had approached the International Court of Justice (ICJ) against Jadhav’s execution, and that Pakistan was in the process of reviewing its stand, after which a formal response would be given in a couple of days.

The ICJ has asked the government of Pakistan to stay the execution of Jadhav after India moved the international court, accusing Islamabad of denying consular access to the Indian spy under the Geneva Convention.

Mr Aziz said the government was also ascertaining whether the matter fell within the domain of ICJ or not.

However, according to statements released from The Hague, the ICJ will begin public hearings in the matter from Monday, May 15. “The hearings will be devoted to the request for the indication of provisional measures submitted by India,” said a statement released by ICJ on Wednesday night.

An earlier statement said that ICJ President Judge Ronny Abraham had “addressed [on Tuesday] an urgent communication to the prime minister of the Islamic Republic of Pakistan” which asked for Jadhav’s sentence to be stayed.

Also on Wednesday, military spokesperson Maj Gen Asif Ghafoor said that Jadhav had been convicted in accordance with the law of the land and that the legal process was under way. He offered no comments on the ICJ decision and said the Foreign Office would respond to the international court’s missive.

India’s case before the ICJ revolves around Pakistan being a signatory to the Vienna Convention on Consular Relations (VCCR) and not fulfilling its obligations under Article 36 of the convention, which obliges it to inform India about Jadhav’s detention “without delay”, intimate the detainee of his rights and provide him consular access.

The Indian position is that Pakistan not only failed to inform India about his detention, but was also denying consular access.

In addition to being a signatory to the convention, Pakistan has also adopted an optional protocol that gives the ICJ jurisdiction over disputes that could arise over fulfilment obligations under the convention.

However, both India and Pakistan have identified reservations and exceptions in accepting ICJ jurisdiction.

India invoked a similar reservation in 1999 to get Pakistan’s petition over the downing of a navy aircraft dismissed.

At the time, the court had referred to the declarations of acceptance of the compulsory jurisdiction of the court made by both states, saying that India’s declaration contained a reservation, according to which “disputes with the government of any state which is or has been a member of the commonwealth of nations” are excluded from the court’s jurisdiction.

Pakistan also made similar exceptions at the time of adopting the additional protocol.

In addition, the two countries have a bilateral agreement on consular access, under which they have agreed to decide political and security-related matters on the merits of each case. Neither of the parties can, therefore, demand blanket access in such cases.

This bilateral agreement is not mentioned in India’s petition to the ICJ. It is important to note that bilateral accords take precedence over any multilateral framework, such as the VCCR.

In his remarks on Wednesday, Sartaj Aziz also disclosed that a Pak-Iran border commission had been formed and would hold its first meeting within a month. He said the commission consisted of four members from each country.

 What do you think about the story ? Leave your comments!

Heading (Optional)
Your Comments: *

Your Name:*
E-mail (Optional):
City (Optional):
Country (Optional):
Field marked(*) are mandatory.
Note. The PakTribune will publish as many comments as possible but cannot guarantee publication of all. PakTribune keeps its rights reserved to edit the comments for reasons of clarity, brevity and morality. The external links like http:// https:// etc... are not allowed for the time being to be posted inside comments to discourage spammers.

  Speak Out View All
Military Courts
Imran - Qadri long march
Candid Corner
Exclusive by
Lt. Col. Riaz Jafri (Retd)
Pakistan itself a victim of state-sponsored terrorism: Qamar Bajwa
Should You Try Napping During the Workday?
Suggested Sites