Islamabad: Commenting on India’s decision to approach the International Court of Justice (ICJ), Prime Minister Nawaz Sharif’s Foreign Policy Adviser Sartaj Aziz said that Pakistan is taking into the jurisdiction the case of Kulbhushan Jadhav.
Talking to journalists in Islamabad, Aziz said that Pakistani Foreign Office would issue a statement on the issue after reviewing India’s plea application and jurisdiction of International Court of Justice (ICJ).
Pakistan Defence Minister Khawaja Muhammad Asif termed India’s letter to the ICJ an attempt to divert attention from state-sponsored terrorism in Pakistan. In his statement posted on Twitter, the minister said that Jadhav was convicted for offences against Pakistan’s national security.
Pakistani official sources say that after New Delhi’s latest move at the global forum, Islamabad can now internationalise not only India’s alleged role in terrorism in Pakistan but also human rights violations in Indian-held Jammu and Kashmir.
Experts told Gulf News that by approaching the ICJ, India has opened the way for Pakistan to seek international mediation and intervention on all issues between Pakistan and India, including Kashmir.
India, in the past, had always maintained that Kashmir and other bilateral issues should not be taken to any international forum and all disputes should be solved bilaterally between the two countries.
Pakistan has a strong case to present to ICJ regarding Jadhav, legal experts say
As UN member states, Pakistan and India are both members of the ICJ and signatories to the Vienna Convention’s rules regarding settlement of disputes.
Talking to Gulf News, Pakistani Advocate Sher Afzal Khan Marwat, says Jadhav has been convicted on charges of espionage according to Pakistan’s laws. Whereas India’s primary claim against Pakistan, in the ICJ letter, rests on Article 36 of the Vienna Convention that allows for consular access to foreign nationals. The letter does not refer or refute espionage or terror activities in Pakistan by Jadhav.
“The ICJ statement does not mention, nor declare or deny, Jadhav’s acts of terrorism and spying for which he has been convicted, in which case Pakistan will follow domestic laws and not the Vienna Convention in deciding India’s plea on Jadhav,” Marwat said.
By appealing to the ICJ, accusing Pakistan of denying India its right of consular access to Jadhav, India seems to seek global attention and pressurise Pakistan on international forums, Marwat says, to which Pakistan has to accordingly respond by following the case on the global forum.
“Pakistan has a strong case against Jadhav, convicted for espionage and terrorism activities, as spies or secret agents have no recognised position and are punished according to the law of the land,” Arif Chaudhry, Advocate of Supreme Court of Pakistan told Gulf News.
In response to India’s plea at ICJ, “Pakistan must swiftly take up all evidences and records against the Indian spy at international forums and communicate its stance through diplomatic channels” as India’s move can hurt country’s image globally.
Pakistan’s Supreme Court is the ultimate authority to take up matters further on Jadhav’s case, he says.
“Jadhav was tried and awarded the death sentence through Field General Court Martial (FGCM) under the Pakistan Army Act (PAA) and he also confessed before a magistrate and court that he was tasked by the Research and Analysis Wing (RAW), to carry out espionage and sabotage activities,” Arif said.
