Kabhoshan Jadhav case: possibilities of diplomatic verdict to be announced
- Both India and Pakistan have been in ICJ several times.
- Decisions issued by ICJ are just the advisory opinions and are in no way binding to the disputed parties.
- The perception persists within the international community that the state of Pakistan has not carried out the fair trial.
- The verdict is very unlikely to drawdown the heated arguments on various fronts between the nuclear-armed rival.
- The verdict will be more of a diplomatic nature, says an international law expert from Pakistan.
Kalbhoshan Jadhav is not the first case that has created an international level discussion about the nuclear-armed rivals of South Asia. Both India and Pakistan have been in ICJ several times whether it was the case of Prisoners of War (1973), India’s Fokker Plane case or Aerial Incident case, etc.
ICJ is the principal judicial body of the UN and by the virtue of its composition, it is not to undermine global peace and security and during its working, it has scarcely addressed the core issues.
The decisions issued by ICJ are just the advisory opinions and are in no way binding to the disputed parties. Also, the International decision-making body – ICJ doesn’t have any police force to assure the compliance of its jurisdiction.
In the recent case of India’s alleged spy agent Kalbhoshan Jadev, it has argued that Pakistan has been in violations of International Law treaties by denying consular access to the Jadhav, who was a serving army officer in Indian force as per his confessional statement issued by Pakistani media outlets.
Looking at the past decisions of the international judicial body relating to Pakistan in which no landmark changes were observed in the subsequent events of the verdict and India even when failed to get an upper hand in the Civil Aviation case denied any further compliance to the treaties and claimed that the two treaties on which Pakistan took its stance stand suspended during the bilateral hostilities.
Indian claim of Jadhav for being arrested in Iran contradicts the Pakistani stance that already announced the award of death sentence to the said Indian spy agent Kalbhoshan Jadhav. International law expert viewed the verdict possibly to be of diplomatic nature like somehow favoring India and to some extent advocating the Pakistani stance as well.
The verdict is very unlikely to drawdown the heated arguments on various fronts between the nuclear-armed rival. Another possibility might be the court’s refusal for having jurisdiction in the dispute but it seems very unlikely because ICJ has already given refusal to this stance during the hearings of the case.
Death Sentence of Kalbhoshan Jadhav?
It is very unlikely that the court’s verdict may cancel the death sentence of Kalbhoshan Jadhav as the death penalty is legal as per Pakistan’s constitution yet another conflicting issue is the perception within the international community that the state of Pakistan has not carried out the fair trial into the case pertaining to the Indian spy agent and serving military official Kalbhoshan Jadhav, says an international law expert Syed Wajdan who is currently working as lecturer in the University local to Pakistan.
A diplomatic decision is likely to be announced much in favor of India and less in favor of Pakistan, he said.
If, however, the ICJ cancels the death sentence of Kalbhoshan Jadhav also in that case as mentioned earlier the decision of the court will not be binding on Pakistan.
The trial by the military-led court might be the reason behind this perception as the evidence is rarely made public because international law demands the right to fair, impartial and independent trial for everyone.
What do you foresee the after-effects of Kalbhoshan Jadhav’s case on the relations between the archrival states looking at the history of past verdicts? Please let us know in the comment section.