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ICJ order not to affect Indo-Pak ties, experts say

Experts believe that Pakistan should honour the decision of ICJ

Image Credit: AP
Friends of Indian naval officer Kulbhushan Jadhav celebrate the International Court of Justice order on Jadhav as they gather near a portrait of him in Mumbai, India, Thursday, May 18, 2017.
Gulf News

New Delhi: Political analysts and legal luminaries believe the verdict of International Court of Justice (ICJ) to halt the execution order passed by Pakistan against Indian national Kulbushan Jadhav will not affect Indo-Pakistan ties.

“First of all, the ruling is binding on Pakistan. Both India and Pakistan have signed up for the ‘Optional Protocol to the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes, 1963,’ which says that such disputes are within the compulsory jurisdiction of the International Court. Second, I don’t think Pakistan has the option of not honouring the verdict. But if by chance, Islamabad chooses not to abide by it, I am sure it will create a warlike situation,” said political analyst Angad Mishra.

Experts believe that Pakistan should honour the decision of ICJ as it was high time for the country to demonstrate that rule of law prevails there.

“The decision is certainly binding for both states. We have managed to save Kulbhushan Jadhav from jaws of death. Now it is the duty of world community to force Pakistan to honour the decision of International Court of Justice,” legal expert Manish Sukhija told Gulf News.

Sukhija said since Pakistan and India could not resolve their differences mutually, it was better that a third party was involved which adjudicated between the two.

“It is a good thing and Pakistan should also welcome the ICJ order. Now both countries can bring their cases against each other in ICJ and let the truth be judged by the world court. But if Pakistan fails to honour the ruling, it will mar relations between the two nations,” he added.

Islamabad has been claiming that Jadhav was arrested from Balochistan on March three, 2016 and that he entered Pakistan through Iran. India maintains that Jadhav was on a business trip to Iran when he was kidnapped and taken to Balochistan.

“Pakistan has been completely blown by this decision. It is a comprehensive and unambiguous decision. The entire thing was a charade. I think Indo-Pak ties will only be affected in the eventuality of Pakistan not honouring the verdict and going ahead with execution of Jadhav,” added Mishra.

The last time India and Pakistan took a dispute to ICJ was in 1999 when Islamabad protested against the shooting down of a Pakistani navy plane that killed 16 people. In that case, the tribunal decided it was not competent to rule in the dispute and closed the case.