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Jadhav Verdict || Vivpost

On July 17th, 2019 International Court of Justice (ICJ) gives its verdict in Kulbhushan Jadhav's case.
ICJ stated that Pakistan violated Article 36 of the Vienna Convention of Consular Relations (VCCR).

Although ICJ ordered Pakistan to "review and reconsider" its decision of death sentence, yet past implementation of the decisions clarify that the country is not bound to accept or follow ICJ's decision, However, the nation which is benefited by the decision can appeal to United Nations Security Council which have the provision to implement ICJ's decision and had done that in past.
The decision came in 15-1 favor of India, now Pakistan has to give Consular access and provide arrangements for legal aid to Kulbhushan Jadhav.
On April 07, 2017 Field General Court Martial (FGCM) issued a death sentence to Kulbhushan, which was later challenged by Indian officials.
India asked for the Consular Access and arrangement in providing legal assistance to Kulbhushan Jadhav which was denied by Pakistan on account of its provision against Terrorism and Espionage. Pakistan claimed that Kulbhushan was sent by India's external spy agency Research and Analysis Wing (RAW) to disturb the peace and spreading terrorism in Baloch Province. India denied these allegations and stated that he was abducted by Pakistan from Iran and illegally kept in prison in Pakistan.
ICJ's decision was in respect of Article 36 of VCCR, which says-
1) Informing competent authorities of arrest without "undue delay"!
2) Guaranteeing the foreign national's freedom to communicate with and access his consulate, and
3) The right of Consular officials to visit him and arrange for his legal representation
It is quite clear that Pakistan completely violated all of these provisions of the agreement.
According to the 1st provision, India should have been informed without delay about the arrest of Jadhav, but India was informed after 22 days of arrest.

Pakistan claims that they had arrested Jadhav from Baloch Border where he was trying to establish a network to proceed his mission whereas India claims that he was abducted from Iran where he was doing his business.
Concerning 2nd provision, India was denied Consular Access because Jadhav was charged with Terrorism and Espionage, ICJ rejected the claim by Pakistan that these will be accepted as an exception for VCCR.
Pakistan not only denied Consular Access they tried to pressurize India to accept the conviction of Jadhav.
FGCM on the other hand consist of Army Officers and they don't require a law degree to qualifies as a Judge.
Although ICJ ordered Pakistan to review and reconsider its decision yet it is hard to say that Pakistan will implement this order or not.
Pakistan's decision is completely immature and inadmissible, without a proper trial and opportunity to prove his innocence Jadhav was sentenced to death.

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