ICJ – THE HAGUE (Netherlands), 1 February 2012 – Exterieur the International Court of Justice (ICJ), on Wednesday 1 February 2012.  Photo: CIJ-ICJ/UN-ONU, Capital Photos/Frank van Beek – Courtesy of the ICJ. All rights reserved.

CIJ – LA HAYE (Pays-Bas), 1er février 2012  – Exterieur de la Cour internationale de Justice (CIJ), le mercredi 1er février 2012. Photo: CIJ-ICJ/UN-ONU, Capital Photos/Frank van Beek – Avec l’aimable autorisation de la CIJ. Tous droits réservés.
ICJ – THE HAGUE (Netherlands), 1 February 2012 – Exterieur the International Court of Justice (ICJ), on Wednesday 1 February 2012. Photo: CIJ-ICJ/UN-ONU, Capital Photos/Frank van Beek – Courtesy of the ICJ. All rights reserved. CIJ – LA HAYE (Pays-Bas), 1er février 2012 – Exterieur de la Cour internationale de Justice (CIJ), le mercredi 1er février 2012. Photo: CIJ-ICJ/UN-ONU, Capital Photos/Frank van Beek – Avec l’aimable autorisation de la CIJ. Tous droits réservés.
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Judgment in Kulbhushan Jadhav case to be pronounced on July 17 [Read ICJ Notification]

Bar & Bench

The International Court of Justice (ICJ) will deliver its verdict in the Kulbhushan Jadhav case on July 17, Wednesday.

As per a notification issued by the ICJ on Thursday:

The International Court of Justice (ICJ), the principal judicial organ of the United Nationals, will deliver, on Wednesday 17 July 2019, its Judgment in the Jhadhav case (India v. Pakistan).

A public sitting will take place at 3 p.m. at the Peace Palace in The Hague, during which Judge Abdulqawi Ahmed Yusuf, President of the Court, will read the Court’s decision.

Jadhav, an Indian national, was sentenced to death over allegations of espionage and terrorism by a military court in Pakistan. India approached the ICJ in May 2017, invoking its power under Article 74 of the Rules of the Court to grant provisional measures. India has sought for consular access for Jadhav.

In May, the ICJ also granted India’s request for provisional measures in the Kulbhushan Jadhav case. Effectively, Jadhav’s execution was put on hold pending the court’s decision on merits.

India has accused Pakistan of violating Article 36(1) of the Vienna Convention on Consular Relations, 1963, in that the latter failed to inform them of Jadhav’s detention until long after his arrest.

In its letter to the ICJ, India claims that Jadhav was kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy, and was then shown to have been arrested in Baluchistan on March 3, 2016. However, India was informed of his arrest only on March 25. India also stated that repeated attempts to provide Jadhav consular access have been turned down by Pakistan.

By way of relief, India had sought a suspension of the death sentence awarded by the military court, and has sought an order restraining Pakistan from giving effect to that sentence. It also asked the ICJ to grant interim relief by declaring the sentence violative of Article 36 of the Vienna Convention and Article 14 of the International Covenant on Civil and Political Rights, and has sought the release of Jadhav.

In its application, India has also stated that Jadhav would be executed should the ICJ not interfere, and that would cause “irreparable prejudice to the rights claimed by India”.

Public hearings in the matter took place at the ICJ between February 18-21 this year. Senior Counsel Harish Salve led the team of lawyers representing India. Khawar Qureshi QC headed the Pakistan’s team of lawyers.

[Read the July 4, 2019 ICJ Notification below]

Kulbhushan-Jadhav-judgment-notice.pdf
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