Will Pakistan implement ICJ order in Jadhav's case?

It was proud moment for India with the announcement of interim relief by International Court of Justice, in the case of Kulbhushan Jhadav – who has been sentenced death punishment by a military court in Pakistan – by ordering the stay on his execution and providing consular access to Jhadav pending the final justice.
The outcome is no doubt a big diplomatic and legal victory for India at the highest level and it is also an enormous political win for Narendra Modi, Prime Minister of India rather a turning point in India’s foreign policy and the credit goes to him.
India took no time to move to International Court of Justice to save the life of former Indian Navy officer Kulbhushan Jhadav, presently in Pakistan jails. India has done well to move the International Court of Justice (ICJ) in The Hague, invoking Article 36 (Para 1) of the Vienna Convention on Consular Relations against which the ICJ has granted the stay against execution and the final outcome has to be awaited by hearing the version of both the countries – India and Pakistan – is completed and final orders are passed.
Nobody knows as to what happens next but as of now the verdict of ICJ is good from diplomatic point of view. 
The sword of Damacles still hangs on his life. In fact, Pakistan has hurriedly sentenced Jhadav to death on account of spying activities.
It is an admitted fact and experts are also of the view that spying is an intergral part of any country right to act in self-defence.  But Pakistan has failed to provide any clinch wrap-up evidence on the spying activities of Jadhav, what prevents it to make it known to India?  However, under the Internal Covenant on Civil and Political Rights, Jadhav is entitled for protections but denial of his rights will definitely be termed as non-cooperation of international law.
Jadhav's is a very sensitive issue and India's all-out efforts are the best option to secure the release of Jadhav and alternative sources like  Diplomatic efforts are the best option to secure the release of Jadhav. If that fails, India should take the help of International Committee of the Red Cross, United Nations Human Rights Council and other UN Instrumentalities. The services of human rights activists, lawyers and press must also be obtained to secure his release should also be tapped besides seeking the help of human rights activists, lawyers and press must also be obtained to secure his release.
It is not understood as to why  the Pakistan has not responded to India’s request for making available the papers relating to Jadhav’s case and allowing his family to meet him on humanitarian grounds despite making 16 official requests from External Affairs Minister Sushma Swaraj on April 27 requesting visa for Jadhav’s family.
It has been reported that despite 16 requests since the time he was arrested in March 16, Pakistan has turned down the plea to give consular access. This is blatant
India’s contention that Jadhav was a businessman abducted from Iran and portrayed as a RAW spy arrested in Balochistan has been rejected by Pakistan.
Pakistan has remained inhumane against the goodwill gestures shown by India on many occasion. Recently, India has shown gesture of sending back around 50 students who had visited India on May 1 at the invitation of Routes to Root, a Delhi based NGO as part of ‘Exchange for Change’ programme. Still holding good the friendliness attitude, send them back without a scratch as the tension built-up in the wake of Pakistan beheading two Indian soldiers and India vowing to take retaliatory steps.
Even the infuriating statements by former Presient Gen Pervesh Musharraf that  Jadhav was more dangerous than Ajmal Kasab itself speaks of revengeful attitude on the part of Pakistan when ICJ has given its verdict in favour of India on the basis of case presented and satisfied with the arguments. 
Frankly speaking, from the activities across the border, it looks that Pakistan wants a war.  I am not in favour of war but there is no fun in having world’s second largest army and being the fourth largest military power, if we cannot save the life of its citizens being murdered by a rogue nation.  The war this time should not be like that of 1965, 1971, 1971 or 1999 wars.  This time it should include taking the Pakistan Occupied Kashmir – PoK and releasing  Balochistan from the clutches of Pakistan. 
The only fear that Jadhav may not face the fate like that of Sarabjit Singh.  The increasing fighting between India and Pakistan cannot bring normalization between both these countries.
The presentation of India’s case  by Harish Salve by knocking the doors of ICJ by the Government of India,  needs to be admitted for his brilliant arguments.
The only question arises is as to what would be done if the judgment of ICJ is not accepted by Pakistan like China in case of claim over South China Sea – SCS which are given on the merits of each case. 
There is need to empower the ICJ to punish the disobedient counties which refuse to fall in line especially when the judgment goes against their expectations. At the same time, the existence of the international institution like ICJ itself becomes meaningless and the judgments not implemented would merely be an opinion.  I feel that downgrading the judgment to the status of opinion is mockery of justice.
Previous
Next Post »