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ICJ in favor of Kulbhushan Jadhav of India

ICJ in favor of Kulbhushan Jadhav of India

The International Court of Justice (ICJ) located in The Hague of the Netherlands has given a major decision in favor of Kulbhushan Jadhav of India. ICJ in his decision said that the hanging of Kulbhushan Jadhav will be stopped and the case of Kulbhushan Jadhav will be revived again.

ICJ has rebuked Pakistan for not following the Vienna Agreement and said that Indian diplomats are allowed to meet the Jadhav (Councilor Access). The court ruled in favor of India 15-1. Harish Salve, advocate of favoring India after this decision, said that India has got relief from the International court.

Highlights of court preceedings

  • The court has dismissed Pakistan's objections on the issue of ICJ's right to hear the matter.
  • The Court has clearly stated that according to the Vienna Agreement, the Government of Pakistan has not taken steps as the arrest of other officers or military personnel.
  • Under section 36 of this agreement, Pakistan did not disclose the rights to Kulbhushan Jadhav.
  • Pakistan also did not immediately tell India about the arrest of Kulbhushan Jadhav
  • Besides it, Pakistan did not allow Indian diplomats to meet Jadhav (Councilor Access).
  • India should have allowed diplomatic access to its citizens so that it could be given the right legal representation.

Kulbhushan Jadhav

  • Kulbhushan Jadhav, former Indian Navy official, is currently in jail in Pakistan.
  • Kulbhushan Jadhav has been sentenced to death by Pakistan's military court on charges of espionage and terrorism.
  • Pakistan alleges that Kulbhushan Jadhav is an Indian spy.
  • India says that Jadhav was abducted from Iran.
  • India has challenged this one-sided decision of Pakistan in ICJ.
  • The court was sentenced to death in April 2017.
  • The case lasted for about two years and two months in ICJ.
  • In the meanwhile, this issue has sparked a lot on the international level even after a lot of bitter relations between India and Pakistan.

Vienna Agreement

  • According to the Vienna Agreement, diplomats cannot be arrested nor can they be held in any kind of custody.
  • The Vienna Conference was first held in 1961 for mutual diplomatic relations between the independent and sovereign countries.
  • Under this conference, an international agreement was made that gave special rights to the politicians.
  • Based on this, the provision of international laws was made to protect the diplomats.
  • There are a total of 54 articles under this agreement.
  • In February 2017, 191 countries signed this agreement and agreed to comply with it.
  •  According to Article 36 of this agreement, if a country arrests a foreign citizen, then the embassy of the concerned country will have to report it immediately.
  • India has raised the issue of Kulbhushan Jadhav while citing the provisions of Article 36 of the ICJ.
  • Under section 36 of this agreement, Pakistan did not disclose the rights to Kulbhushan Jadhav.
Q.1 Against which country India filed the case in ICJ for Kulbhushan Jadhav?
A. China
B. Iran
C. Pakistan
D. Bangladesh
Ans: Pakistan
Q.2 Where is the International Court of Justice located?
A. Netherland
B. Washington
C. Zurich
D. Italy
Ans: Netherland

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