KULBHUSHAN JADHAV CASE

Name: India Vs. Pakistan

Citation: 2019 I.C.J. 418 (2019).

FACTS:
Kulbhushan Jadhav is an ex-Indian Naval officer who is undergoing
imprisonment in a Pakistani jail on charges of espionage. Jadhav was allegedly
arrested by Pakistani forces on 3rd March 2016 in Balochistan, Pakistan, but
Indian foreign office on 10th April 2017 alleged that Kulbushan Jadhav was
kidnapped from Iran a year before, and there was no concrete proof of his arrest
in Pakistan. Thereafter, death sentence was pronounced to him by the military
court of Pakistan on the charges of spying and terrorism. However, the Indian
government in categorical terms maintained that they had no link with Jadhav
as he had taken premature retirement from the navy. The Indian Government
had sought consular access to Jadhav sixteen times which was denied by
Pakistan. On 10th April 2017, the military court of Pakistan (Field Martial
Court) sentenced death penalty to Jadhav and allegedly, neither did he get a fair
trail nor was given proper legal representation. The whole case was based on
the alleged confession video released by the Pakistani establishment. Jadhav’s
whole trial in the case was only for three and a half months. Death sentence
was confirmed by the Pakistan Army Chief.
The Indian Government through Senior Advocate Harish Salve approached the
ICJ.
In May 2017, the ICJ was approached by the Government of India under Article
36 para 1 of the Statute of the ICJ, and Article 1 of the Optional Protocol to the
VCCR Concerning the compulsory settlement of Disputes (Optional Protocol)
 alleging violations of the VCCR by Pakistan. The contention of India was that
the denial of consular access to the accused was in violation of Vienna
Conventions. The ICJ started hearing on the matter in May 2017 and Jadhav’s
execution was stayed.

Judgement: In July 2019 the ICJ ruled in favor of India by a majority of 15:1. The
ICJ held that Pakistan had violated the VCCR. Pakistan was directed to provide
consular access to Kulbushan Jadhav. Pakistan was held guilty of not accepting the
provisions of optional protocol, 1969 as well. The ICJ rejected the contention of
Pakistan that India did not lend any help in criminal investigations against
Kulbushan Jadhav and also that India denied Jadhav as their citizen and therefore,
the right to consular access is out of question.
The judgement of the ICJ is a landmark and great diplomatic victory for India, and
has significance in international law.