English   |    French

  Friday PM

India asks World Court in The Hague to prevent execution in Pakistan

Journalists for Justice / 18 May 2017

By Thomas Verfuss

A nightmare: being arrested while travelling abroad (be it as a tourist or a businessman), in a foreign country where you don’t know the language, the law and the culture, getting no assistance from a lawyer you understand and you trust, and then being convicted and sentenced to death.

To prevent this from happening, there is the Vienna Convention on Consular Relations, an international treaty adopted in 1963 and ratified by 179 states. It provides that people arrested abroad are entitled to consular and legal assistance by their embassy or consulate without delay.

India argues that Pakistan has violated the convention. An Indian national, Mr. Kulbhushan Sudhir Jadhav, was arrested in Pakistan in March 2016. Despite repeated requests from Indian authorities, Pakistan denied the right to consular visits to Mr. Jadhav, the government in New Delhi alleges. Jadhav was accused of espionage and terrorist activities and sentenced to death. India has asked the International Court of Justice (ICJ) in The Hague to give a provisional order not to execute Mr. Jadhav until the underlying legal issues are resolved, the Court stated on Tuesday.

“THE HAGUE, 9 May 2017. On 8 May 2017, the Republic of India instituted proceedings against the Islamic Republic of Pakistan, accusing the latter of “egregious violations of the Vienna Convention on Consular Relations” (hereinafter the “Vienna Convention”) in the matter of the detention and trial of an Indian national, Mr. Kulbhushan Sudhir Jadhav, sentenced to death by a military court in Pakistan.”

India petitioned the judges of the ICJ, the principal legal organ of the United Nations, to issue provisional orders to Pakistan staying the execution of Mr. Jadhav without waiting for an oral hearing with the neighboring country, given the urgency of the matter and the irreparable prejudice an execution would cause.

Pending final judgment, India requested the ICJ to ensure that “[t]hat the Government of the Islamic Republic of Pakistan take all measures necessary to ensurethat Mr. Kulbhushan Sudhir Jadhav is not executed”

India’s Economictimes.com reported later on Tuesday that ICJ’s President Ronny Abraham had written to the Pakistan government asking for a stay of Mr. Jadhav’s execution as per India’s request: 

“In my capacity as President of the Court, and exercising the powers conferred upon me under Article 74, paragraph 4, of the Rules of the Court, I call upon Your Excellency’s Government, pending the Court’s decision on the Request for the indication of provisional measures, to act in such a way as will enable any order the Court may make on this Request to have its appropriate effects,” the ICJ President wrote. 

A source at the Peace Palace in The Hague, the seat of the ICJ, has confirmed to JFJ the authenticity of the quote from the letter. The source stressed however that the letter of the ICJ president is only an "urgent communication" and not a binding court order yet. 

Update: The International Court of Justice (ICJ) on Thursday the 18th of May issued the following provisional measures in the Jadhav Case (India v. Pakistan):

Pakistan shall take all measures at its disposal to ensure that Mr. Jadhav is not executedpending the final decision in these proceedings and shall inform the Court of all the measures taken in implementation of the present Order.

The Court also decides that, until it has given its final decision, it shall remain seised of thematters which form the subject-matter of this Order.

The full press release from the ICJ can be read here: http://www.icj-cij.org/docket/files/168/19440.pdf  

< >

Other Headlines


India asks World Court in The Hague to prevent execution in Pakistan

How LRA fighters lived with and fought alongside South Sudanese soldiers

BY Journalists for Justice / ON 23 May 2017

India asks World Court in The Hague to prevent execution in Pakistan

Ongwen still my boss, my friend and my brother – witness tells court

BY Journalists for Justice / ON 11 May 2017

India asks World Court in The Hague to prevent execution in Pakistan

Thousands of post-election violence rapists went scot-free in Kenya

BY Editor / ON 02 May 2017

India asks World Court in The Hague to prevent execution in Pakistan

How victims brought a cruel dictator to justice

BY Journalists for Justice / ON 02 May 2017

India asks World Court in The Hague to prevent execution in Pakistan

Judge Trendafilova heads new international court as it holds first public session

BY Journalists for Justice / ON 12 May 2017

India asks World Court in The Hague to prevent execution in Pakistan

How I survived the LRA attack on the Pajule camp, by ICC witness

BY Journalists for Justice / ON 21 April 2017

India asks World Court in The Hague to prevent execution in Pakistan

New challenges for ICC on the horizon from the North as African threats to withdraw recede

BY Journalists for Justice / ON 22 March 2017

India asks World Court in The Hague to prevent execution in Pakistan

How attack on Pajule IDP camp was planned, by ICC witness

BY Journalists for Justice / ON 13 March 2017

India asks World Court in The Hague to prevent execution in Pakistan

Museveni brother’s name crops up a third time at Ongwen’s ICC trial

BY Journalists for Justice / ON 11 March 2017

India asks World Court in The Hague to prevent execution in Pakistan

Court hears details of last moments of LRA deputy leader Vincent Otti

BY Journalists for Justice / ON 09 March 2017

India asks World Court in The Hague to prevent execution in Pakistan

Fear and loathing at Dominic Ongwen’s ICC trial

BY A map of the Barlonyo massacre / ON 08 March 2017

India asks World Court in The Hague to prevent execution in Pakistan

South Africa revokes notice to withdraw from the ICC

BY Journalists for Justice / ON 09 March 2017

India asks World Court in The Hague to prevent execution in Pakistan

You failed us on truth report, violence victims tell Uhuru Kenyatta

BY Journalists for Justice / ON 01 March 2017

India asks World Court in The Hague to prevent execution in Pakistan

Revealed: How prosecutors fought to protect witnesses in Kenyatta case

BY JFJustice / ON 07 April 2017

India asks World Court in The Hague to prevent execution in Pakistan

There is no way Kenya was going to take the AU chair

BY Ambassador Amina Mohammed / ON 02 February 2017

India asks World Court in The Hague to prevent execution in Pakistan

Bensouda challenges UN security council to end impasse on Darfur

BY Journalists for Justice / ON 09 January 2017

India asks World Court in The Hague to prevent execution in Pakistan

My baby girl dodged three abortions and an adoption

BY Journalists for Justice / ON 12 August 2016