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;
(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;
PIIA recently held a talk on the Afghan conflict and foreign forces are to blame for the Afghan conflict according to Rustam Shah Mohmand. Indeed, the former Pakistani Ambassador to Afghanistan urges Pakistan to shift focus away from India.“The India-centric approach will have to be reviewed because it doesn’t deliver much” he said.
The video of our event on the future of current stand-off between India and Pakistan is available below. Retired Lt Gen Tariq Waseem Ghazi and ambassador Najmuddin Shaikh were the distinguished speakers at this occasion.
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.
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
If we do not have a reasonably competent, friendly government in Kabul, nothing the west achieves will last. Ignoring the Afghan nation’s needs is not an option
This week’s comment in the Observer calls for a more inclusive role for Pakistan than the one recently articulated by Washington. Comment as follows: Donald Trump’s view on the conflict in Afghanistan was highly critical in 2011 when he tweeted that the US was “wasting lives and money” there. He later termed Barack Obama’s strategy a “complete waste”, saying it was “time to come home”. Trump stood on his head last week, ordering the deployment of additional American troops and committing the US to an open-ended war that he vowed to “fight to win”. So which Trump is right – the pre-election sceptic or today’s ardent warrior? The answer is neither.
When Obama took office in 2009, he raised US troop levels to around 100,000, part of a Nato force of about 150,000. His plan was to turn around a war that had already dragged on too long, then hand over to better-trained and equipped Afghan army and police forces. The handover duly took place in 2014, but the conflict was not over. Since then, security has steadily deteriorated. Obama was right to try, and Trump wrong to prematurely scorn his efforts. But what the 2009 surge ultimately proved was that even the most modern armies, wielding the latest weaponry and backed by unchallenged air power, cannot wholly overcome the sort of unconventional, guerrilla campaign at which the Taliban excel. More than 2,400 US soldiers have died in Afghanistan since 2001, and more than 450 British troops. But according to US estimates, government forces now control less than 60% of the country. Continue reading
This is a fantastic book review in the Guardian (1 July 2017) by Owen Bennett-Jones.
The investigative reporters have produced a revelatory work about al-Qaida members in hiding in Pakistan and Iran between 2001 and 2011. At the time of the 9/11 attacks on New York and Washington, Osama bin Laden was in an Afghan cave, unable to get a decent TV satellite signal and forced to follow developments on the radio. The contrast between his situation and his impact was to be a theme of the next decade until, eventually, the Americans caught up with him in the raid on Abbottabad, Pakistan, in May 2011. It’s a decade that The Exile describes with a remarkable amount of impressive new detail.
Investigative reporters Cathy Scott-Clark and Adrian Levy start with a detailed account of Bin Laden’s movements. When the US air strikes began, he flitted through various locations in Afghanistan, all the while trying to manage the movements of his wives and children. He was on his way to a meeting with Mullah Omar in Kandahar on 7 October 2001 when a US drone came close to killing them both. From there he moved to an underground complex in the Tora Bora mountains near the Pakistan border. The US assaulted Tora Bora but, again, Bin Laden managed to slip away, and on 14 December 2001 he turned up in the Pakistani city of Karachi. Feeling too exposed there, he moved back to Afghanistan in February 2002 before reaching northern Pakistan in the summer. There he lived with one of his wives, Amal, and their nine-month-old daughter Safiyah in the remote village of Kutkey, home to the in-laws of his courier and guard, Abu Ahmad al-Kuwaiti. Continue reading
Posted in Afghanistan, Benazir, Guardian, OBL, Pakistan, Politics, South Asia
Tagged Al-Qaida, Islam, Pakistan, Pakistan Army, Terrorism