Kulbhushan Jadhav case: Five reasons why ICJ ordered Pakistan to stop execution

Kulbhushan Jadhav case: Five reasons why ICJ ordered Pakistan to stop execution

Kulbhushan Jadhav case: Five reasons why ICJ ordered Pakistan to stop execution

While the Internationa Court of Justice's stay order on execution of Kulbhshan Jadhav was hailed as a big diplomatic win for India, Pakistan maintained that it will have no impact on trial against former Indian Navy officer.

International Court of Justice (ICJ) stays Kulbhushan Jadhav's death sentence and states that he will not be executed before the court has given its final decision.

Jadhav, a former navy officer, was sentenced to death by a Pakistani military court last month after being convicted of spying.

It lodged a case against Islamabad earlier this month, accusing the Pakistanis of violating the Vienna Convention by failing to provide him with consular access, as well as breaking worldwide human rights law.

He said Pakistan has already informed the ICJ that it does not accept its jurisdiction in matters related to the national security.

While presenting arguments, Pakistani counsel had informed ICJ that Jadhav, 46, was arrested in March past year in the restive Balochistan province. The Indian government has denied the allegation, saying Jadhav was arrested in Iran, where he was on a business trip, and later convicted on the basis of a forced confession.

Justice Ronny Abraham of the ICJ read out the much-awaited verdict and asserted that the case was indeed debatable, while also adding that the ICJ had prime facie jurisdiction in the case. The court claimed that Jadhav was an Indian intelligence agent and a threat to Pakistan.

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The 11-judge bench of ICJ on Thursday ruled that Pakistan can not execute Jadhav until the "final decision".

Pakistani analyst Zahid Hussain said the ICJ order is "morally" binding on Pakistan, but not legally.

India and Pakistan routinely accuse one another of sending spies into their countries, and it is not uncommon for either nation to expel diplomats accused of espionage, particularly at times of high tension.

Earlier, Zakaria said at the weekly press briefing said India was trying to portray Jadhavs case “as a humanitarian issue to divert the worlds attention from his role in fomenting terrorism” inside Pakistan.

"Without prejudging the result, the ICJ considers that the risk or irreparable prejudice, the mere fact that Jadhav is under such a sentence and might be executed, is sufficient to demonstrate such a risk".

The Pakistani legal team was led by Khawar Qureshi who faced off against Harish Salve on Monday when both argued their respective countries' position on the Jadhav death penalty matter.

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