Here’s how India will fight Round-2 of the Jadhav battle in ICJ

by Friday, May 19th, 2017

New Delhi, May 19: India has won round one of the battle against Pakistan in the International Court of Justice after the execution of Kulbhushan Jadhav was stalled. Now it is over to round two where both India and Pakistan would put out arguments before the ICJ which would pronounce its final verdict probably by August.

Kulbhushan Jadhav

The ICJ had on Thursday said that the execution of Jadhav be placed in abeyance until the final verdict is out.

Round two would be extremely crucial for India. In order to get Jadhav justice, India would first request for an outright release of the former naval officer. The case before the International Court of Justice would not be about proving the innocence of Jadhav. Before the ICJ, India can only argue that the route taken by Pakistan to arrive at a death sentence is violative of the principles of Vienna Convention which is a multilateral treaty, Harish Salve explains.

Before the ICJ, India would also argue that there has been violation of human rights and hence Jadhav must be set free immediately. The next option would be to seek an annulment of the death sentence. India would seek that Jadhav be given proper representation. The trial before a military or Kangaroo court is not acceptable. Instead he should be tried before a court with proper representation that is acceptable to civil society, India would also argue.




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