The recent headlines have been dominated by the plea from Pakistan urging India to appoint a legal representative for Kulbhushan Jadhav, a convict on death row. The aim is to implement the verdict of the International Court of Justice (ICJ).
A Brief Overview of the Kulbhushan Jadhav Case
Kulbhushan Jadhav, an Indian citizen, was sentenced to death in April 2017 by a Pakistani military court on charges of espionage and terrorism. In retaliation to the sentence, India approached the ICJ against Pakistan for denying consular access to Jadhav, as per the Vienna Convention rights, and for challenging the death sentence.
In July 2019, the ICJ ruled that Pakistan must undertake an “effective review and reconsideration” of Jadhav’s conviction and sentence. Moreover, the ICJ also ruled that Pakistan should grant consular access to India without any further delay and provide an appropriate forum for appealing against the sentence handed to Jadhav by the military court.
What ‘Effective Review and Reconsideration’ Means for India
The term “Effective review and reconsideration” differs significantly from a simple ‘review’ as understood in a domestic context. It emphasizes the granting of consular access and assistance to Jadhav in preparing his defense. This ruling implies that Pakistan has to disclose the charges and evidence against Jadhav, which has remained undisclosed until now.
Pakistan is required to disclose the circumstances under which Jadhav’s confession was obtained by the military. The implications are that Jadhav will retain the right to defend himself in any forum or court that hears his case.
Understanding the Vienna Convention
The Vienna Convention on Consular Relations is an international treaty defining consular relations between independent states. Essentially, a consul (who is not a diplomat) serves as a representative of a foreign state in a host country, working for the interests of their compatriots.
Article 36 of the Vienna Convention stipulates that detained foreign nationals should be informed promptly about their right to have their embassy or consulate notified of their arrest. At the detainee’s request, the police must relay this information to the embassy or consulate. This can be as simple as a fax with the person’s name, place of arrest, and the reason for the arrest if available.
Introduction to the International Court of Justice (ICJ)
The ICJ is the primary judicial branch of the United Nations (UN). It was established in 1945 by a UN Charter and started operations in 1946 as the successor to the Permanent Court of International Justice. The ICJ has the responsibility of settling legal disputes between member countries and providing advisory opinions to authorized UN Organs and Specialized Agencies.
Judge Dalveer Bhandari from India has been a member of the ICJ since April 2012. Headquartered in the Peace Palace of Hague, Netherlands, the ICJ continues to play a pivotal role in maintaining global peace and order.
