Pakistan says ICJ can’t hear Kulbhushan Yadav’s conviction case


Delivery of the Court’s Order on the request for the indication of new provisional measures by Costa Rica in the case concerning Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua). This public session took place on 22 November 2013 in the Great Hall of Justice at the Peace Palace in The Hague, under the presidency of Judge Peter Tomka. The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States (its Judgments are final and binding) and to give advisory opinions on legal questions referred to it by authorized UN organs and agencies. Its official languages are English and French. ICJ news and archives can be accessed via Lecture de l’ordonnance de la Cour sur la demande en indication de nouvelles mesures conservatoires déposée par le Costa Rica à la CIJ en l’affaire relative à Certaines activités menées par le Nicaragua dans la région frontalière (Costa Rica c. Nicaragua). Cette séance publique s’est déroulée le 22 novembre 2013 dans la grande salle de justice du Palais de la Paix, à La Haye, sous la présidence de M. Peter Tomka. La Cour est le seul des six organes principaux de l’ONU à ne pas avoir son siège à New York. Sa mission est de régler, conformément au droit international, les différends d’ordre juridique soumis par les Etats (ses arrêts sont sans appel et obligatoires pour les Parties) et de donner des avis consultatifs sur les questions juridiques que lui posent les organes et les institutions de l’ONU autorisés à le faire. Pour en savoir plus:

HAGUE: Pakistan has said that International Court of Justice cannot hear the Indian application regarding conviction of its spy Kulbhushan Jadhav by Pakistan.

This was argued by Director General of Foreign Office for South Asia Dr Muhammad in the Court in Netherlands, on Monday.

Dr Faisal said according to Vienna Convention, this court has no jurisdiction to hear such case.

He said Commander Jhadav was arrested by Pakistani Forces during an operation in its Province Balochistan and he confessed the killing of dozen of innocent Pakistanis.

He said the Indian Spy was sentenced to death after fulfilling all necessary legal procedures and Indian Spy was also given council to defend allegation against him.

The Foreign Officer said that Spies do not have any right of councilor access and India did not  produce evidences conveyed by Pakistan against its spy in the court.

Dr Faisal said Indian Spy was travelling to Pakistan using fake Indian Passport and India was informed by Pakistan about Jhadav’s espionage against Pakistan.

He said India did not express any reaction on use of fake Passport by its citizen.

He said that India’s application is misconceived and unnecessary.

The International Court of Justice has reserved its verdict regarding Indian application against the conviction of Indian Spy Kulbhushan Jhadav by Pakistan.

After completion of arguments of both parties, the court said that date for the Judgment will be duly communicated.

Earlier in his argument, Pakistani Council Khawar Qureshi said that Indian Navy Commander was given a fair trial by the military court.

The Pakistani Council said India’s allegation regarding kidnap of its spy is not true and he was arrested by Pakistani forces in the Province of Balochistan.

He said that ICJ is not a criminal court and cannot decide such type of cases relating to national security.

He appealed the court to dismiss the Indian application saying that there is no urgency.

Khawar Qureshi said that India was unwilling to explain Jadhav’s passport, which bears a Muslim name.

The Pakistani Council said that Provisions of the Vienna Convention do not apply to a ‘spy ‘involved in terror activities.—Radio Pakistan