Category Archives: Law

Video of PIIA Roundtable on Iran with Dr Syed Mohammad Kazem Sajjadpour

On Friday, July 19 2019, Dr. Syed Mohammad Kazem Sajjadpour, President of the famous Institute for Political and International Studies (IPIS), visited us at The Pakistan Institute of International Affairs (PIIA) for a roundtable on Iran’s relationship with the United States and how it is influencing the course of events in the region. He said that in order to understand the question of why Iran is the way it is today, it is important to comprehend three integral factors – the United States’ contradictory policies with Iran, the resulting state of bitterness, and an uneven assessment of the available possibilities. By laying emphasis on the contradictory policies of the United States, during very tense times, Dr. Kazem sought to explain how certain inconsistencies in the harsh policies of the United States have been a significant source of tension between the two countries, especially when pursuing negotiations and settling agreements.

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 RelationsTHE 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;

(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;

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Pakistan welcomes OHCHR report on Kashmir

The Office of the United Nations High Commissioner for Human Rights recently provided an Update of the Situation of Human Rights in Indian-Administered Kashmir and Pakistan-Administered Kashmir from May 2018 to April 2019. The report is based on information collected by OHCHR through monitoring the situation in the Indian state of Jammu and Kashmir (consisting of the Kashmir Valley, the Jammu and Ladakh regions) and Pakistan-Administered Kashmir (Azad Jammu and Kashmir and Gilgit-Baltistan). It is issued pursuant to the mandate of the High Commissioner for Human Rights, as provided by United Nations General Assembly resolution 48/141.

The report of the OHCHR was seen by India as “false and motivated narrative” that ignored “the core issue of cross-border terrorism.”

Pakistan welcomed the report. However, Pakistan requested that sections be removed or amended in which the information was “not specific to Pakistan-Administered Kashmir but were general human rights concerns affecting all of Pakistan.”

Brexit: The Chequers White Paper

An embattled Theresa May made the proposals in this paper to her cabinet and her Brexit Secretary, David Davis, resigned. Then Boris Johnson resigned as Foreign Secretary to humiliate her further. Trump gave an interview to the Sun trashing May’s proposals and said that Boris Johnson would make a better Prime Minister. He said that he told May how to do Brexit but she would not listen to him. But the catty Mrs May was able to pull one back and Trump repeatedly held hands with her during their joint press conference commending the prime minister as a “terrific woman” and saying that he would want her as a friend and not an enemy and that she was “doing a fantastic job” . The Chequers White Paper and press conference are below. Prior to these events Trump had played disrupter-in-chief at NATO and accused Germany of being a Russian pawn because of its reliance on Russian gas.

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. Continue reading

Panama Papers: The Report of the JIT

The full report of the Joint Investigation Team JIT, formed in the aftermath of the revelations contained in the Panama Papers, be found here. The report is not a judgment and commentators are divided over whether the document is sufficient to lead to the removal of prime minister Nawaz Sharif from office. NDTV reports that the JIT accused Prime Minister Nawaz Sharif’s daughter Maryam of presenting fake documents on two 2006 declarations to the probe team using the “Calibri” font which was not commercially available till January 30, 2007. The JIT, which is probing allegations of money laundering against Mr Sharif and his family, said Maryam Nawaz, her brothers Hussain and Hassan Nawaz as well as her husband Captain Mohammad Safdar (retd), had signed false documents to mislead the Supreme Court.

The team that probed offshore assets of Sharif family said in its report that Maryam Nawaz claimed herself to be “trustee not the owner” of Avenfield properties in London, which linked her to Minerva Services and Samba Financial, Geo News reported. The JIT said that her claim turned out to be completely wrong and it was proven that she owned the properties managed by Minerva Services. The JIT concluded that Mr Sharif’s daughter was the real and ultimate beneficial owner of the Avenfield apartments. Continue reading

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.

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