"Under the principles of international law, the states are free to decide cases according to their own laws": Analysts
The International Court of Justice verdict on Kulbushan Yadhav’s conviction – ICJ asks Pakistan not to execute Indian spy Kulbhusan Jadhav convicted of espionage and terrorism.
The 11 member bench of ICJ in its verdict at The Hague said that Pakistan should not carry out the death penalty on Kulbhushan Jadhav pending the outcome of the case. International Court of Justice stays execution of RAW agent Kulbhushan Yadav, sentences to death by a court martial in Pakistan on charges of espionage, terrorism and subversion. Delivering its judgement at The Hague, the President of the Court Ronny Abraham said Pakistan shall take all measures at its disposal to ensure that Yadav is not executed pending final decision in the proceedings. The court also said that its order on the provisional measure has binding effect.
The court also ruled that it has the jurisdiction to hear the case. The arguments for Pakistan were presented by Dr Faisal to the court in The Hague, Netherlands.
FO spokesman Nafees Zakaria says on matters of national security, we will not accept the jurisdiction of the ICJ. International Court of Justice has no jurisdiction to hear case of Indian RAW agent as it pertains to the security of Pakistan. This was also the stance of Pakistan’s legal representatives at the ICJ.
ICJ decision has not changed the status of Indian Spy Kulbhushan Jadhav's case in any manner: Attorney General Office
In a statement, The Attorney General Office says in today’s interim order, ICJ has stated that by way of provisional measures, the status quo be maintained in the case of Commander Jadhav. The Court has clearly underscored that the provisional measures are without prejudice to the final determination of the merits and jurisdiction of the case. The statement said the provisional measures are a procedural process only to enable the Court to have full consideration at a later hearing.
Host: Dr. Shafiq-ur-Rehman
Analysts on Telephone:
Dr. Maria Sultan (Defence Analyst):
This is a temporary decision and final judgment is yet to be given. The court has stayed the execution of death sentence of kalbushan Yadev. Under the principles of international law, the states are free to decide cases according to their own laws.
Dr. Pervaiz Iqbal Cheema (IR Expert):
This is a temporary stay order and final decision is yet to be announced. India will try to capitalize over this decision. We have to look into Vienna Convention that whether consular access can be given to terrorists like Kalbushan or not.
Dr. Farooq Hasnaat (IR Expert):
Surely, Pakistan has followed due process of law while sentencing Kalbushan Yadev. India has not completely satisfied International Court of Justice. Both parties should agree to bring a case into ICJ.
Dr. Muhammad Khan (Defence Analyst):
The court has not given full endorsement to Indian plans. The final decision is yet to come and Pakistan’s arguments are yet to be given. We have to do our proper homework. We have to present a detail of evidences against Kalbushan Yadev in ICJ. The major powers always support Indian position over various issues.