Kashmir: The Way Forward

The Pakistan Institute of International Affairs (PIIA) organised conference on ‘Kashmir, the Way Forward’ which was held on 29-30 January 2020: see our coverage on Pakistan Horizon Blog here and here. Numerous dignitaries spoke at the event including Dr Masuma Hasan, IA Rahman and former Ambassador and Foreign Secretary of Pakistan Riaz Khokhar. The videos from day one and day two of the Conference are available below.

 

ICJ Judgment in the Jadhav Case

This is the recent ICJ judgment in the important JADHAV CASE (INDIA v. PAKISTAN). The Court found that the Islamic Republic of Pakistan, in the matter of the detention and trial of an Indian national/spy, Mr. Kulbhushan Sudhir Jadhav, has acted in breach of the obligations incumbent on it under Article 36 of the Vienna Convention on Consular Relations. THE HAGUE, 17 July 2019. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, today rendered its Judgment in the Jadhav case (India v. Pakistan). In its Judgment, which is final, binding and without appeal, the Court,

(1) finds, unanimously, that it has jurisdiction, on the basis of Article I of the Optional Protocol concerning the Compulsory Settlement of Disputes to the Vienna Convention on Consular Relations of 24 April 1963, to entertain the Application filed by the Republic of India on 8 May 2017;

(2) rejects, by fifteen votes to one, the objections by the Islamic Republic of Pakistan to the admissibility of the Application of the Republic of India and finds that the Application of the Republic of India is admissible;

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(3) finds, by fifteen votes to one, that, by not informing Mr. Kulbhushan Sudhir Jadhav without delay of his rights under Article 36, paragraph 1 (b), of the Vienna Convention on Consular Relations, the Islamic Republic of Pakistan breached the obligations incumbent upon it under that provision;

(4) finds, by fifteen votes to one, that, by not notifying the appropriate consular post of the Republic of India in the Islamic Republic of Pakistan without delay of the detention of Mr. Kulbhushan Sudhir Jadhav and thereby depriving the Republic of India of the right to render the assistance provided for by the Vienna Convention to the individual concerned, the IslamicRepublic of Pakistan breached the obligations incumbent upon it under Article36, paragraph 1 (b), of the Vienna Convention on Consular Relations;

(5) finds, by fifteen votes to one, that the Islamic Republic of Pakistan deprived the Republic of India of the right to communicate with and have access to Mr. Kulbhushan Sudhir Jadhav, to visit him in detention and to arrange for his legal representation, and thereby breached the obligations incumbent upon it under Article 36, paragraph 1 (a) and (c), of the Vienna Convention on Consular Relations;

Raymond Davis’s New Book: An Old Device For Defamation

The Pakistani establishment does not act as clients to USA or other international powers as portrayed in Davis’s book. Unlike many other countries in the region, for example Afghanistan, the Pakistani establishment is smart enough to look after its own interests.

There has been a history of dealing with spies in the international relations. During war times, arrested spies were exchanged with mutual consent. There has been also a practice of killing these spies brutally. Mata Hari, a Dutch spy who worked for German cause during the First World War, was executed by firing squad. The recent case of Kulbushan Yadev and Raymond Davis are two peas of the same pod. They belong to different countries but their objective was same. Both were arrested by Pakistani government and convicted in the courts and given death sentences. Raymond Davis was released dramatically the details of which have been available in his recently published book The Contractor: How I landed in a Pakistani prison and ignited a diplomatic crisis. The story of 49 days from January 27, 2011 to March 16, 2011 has been narrated by him in a novel-type style. He has described how politicians and the Army manipulated things for his safe exit from Pakistan.

The role of General Pasha, the then ISI chief has been mentioned repeatedly that how he and his ISI had pressurized the family of murdered Faizan Haider and how the lawyer Asad Manzoor Butt was kept away from the last day proceedings. The story has two dimensions: one to defame Pakistani establishment as clients to USA which has been served to some extent because there is nothing new for people to buy. Secondly, it implies that how arrested spies increase the bargaining powers of weaker states against comparatively big powers.

Jadhav Case (India v Pakistan) Provisional Measures

India has been trying to extradite Pakistani nationals languishing in prisons worldwide on the basis of DNA evidence so that these persons can be used as pawns in prisoner swaps probably in exchange for persons such as Mr Jadhav whose execution was stayed by the ICJ today. The full press release is available below. Notably, Pakistan and India are Contracting Parties to the International Covenant on Civil and Political Rights 1966 and whilst Article 6 does not prohibit the death penalty, it restricts its application to the most serious crimes. This case  turns on the Vienna Convention on Consular Relations 1963.

The Court indicates to the Islamic Republic of Pakistan that it must take “all measures at its disposal” to prevent the execution of an Indian national, Mr. Kulbhushan Sudhir Jadhav, pending final judgment of the Court

THE HAGUE, 18 May 2017. The International Court of Justice (ICJ), principal judicial organ of the United Nations, today indicated to the Islamic Republic of Pakistan that it must “take all measures at its disposal” to ensure that Mr. Kulbhushan Sudhir Jadhav, of Indian nationality, is not executed pending a final judgment of the Court in the Jadhav Case (India v. Pakistan).

In its Order indicating provisional measures, which was adopted unanimously, the Court also stated that the Government of Pakistan shall inform it of all measures taken in implementation of that Order. It further decided to remain seised of the matters which form the subject of the Order until it has rendered its final judgment.

ICJ: The Kulbhushan Sudhir Jadhav Case

See the press releases of the ICJ in this case: The Republic of India institutes proceedings against the Islamic Republic of Pakistan and requests the Court to indicate provisional measures and Urgent Communication to Pakistan from the President under Article 74, paragraph 4, of the Rules of Court and The Court to hold public hearings on Monday 15 May 2017.

THE HAGUE, 9 May 2017. On 8 May 2017, the Republic of India instituted proceedings against the Islamic Republic of Pakistan, accusing the latter of “egregious violations of the Vienna Convention on Consular Relations” (hereinafter the “Vienna Convention”) in the matter of the detention and trial of an Indian national, Mr. Kulbhushan Sudhir Jadhav, sentenced to death by a military court in Pakistan.

The Applicant contends that it was not informed of Mr. Jadhav’s detention until long after his arrest and that Pakistan failed to inform the accused of his rights. It further alleges that, in violation of the Vienna Convention, the authorities of Pakistan are denying India its right of consular access to Mr. Jadhav, despite its repeated requests. The Applicant also points out that it learned about the death sentence against Mr. Jadhav from a press release.

ICJ: Marshall Islands v Pakistan

Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v Pakistan). As explained in the press release of the International Court of Justice (ICJ), 14 July 2015. The President of the ICJ, the principal judicial organ of the United Nations, by an Order dated 9 July 2015, has extended from 17 July 2015 to 1 December 2015 the time-limit for the filing of the Counter-Memorial of the Islamic Republic of Pakistan on the questions of the jurisdiction of the Court and the admissibility of the Application in the case of Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v Pakistan). The history of the proceedings can be found in the ICJ’s 2013-2014 Annual Report (paragraphs 214-218), which can be found on its website under “The Court/Annual Reports/2013-2014”. The full text of the Order of 9 July 2015 is available on the Court’s website under “Cases/Contentious Cases”. The ICJ is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The ICJ’s seat of the Court is at the Peace Palace in The Hague (Netherlands). Extension of the time-limit for the filing of Pakistan’s Counter-Memorial. Latest developments in the case:

Climate Change and the Rule of Law: Adjudicating the Future in International Law

The PIIA would like to apprise our members about this important event. It relates to the world’s development goals. In the run up to the climate change negotiations in Paris this December, Professor Philippe Sands QC delivered a public lecture at the UK Supreme Court focusing on the role of international law and judges in addressing legal issues relating to climate change. The evening was chaired by Lord Carnwath (Justice of the Supreme Court) and the lecture will be followed by comments by Professor James Crawford (Judge of the International Court of Justice) and Professor Lavanya Rajamani (researcher at the Center for Policy Research in New Delhi).