The International Court of Justice (ICJ) at Hague has ordered to stay the execution of Kulbhushan Jadhav by a military court in Pakistan. This is a major victory for India.
Although the ruling is temporary, the court delivered the verdict that brings relief by rejecting all the arguments presented by Pakistan. The decision of the eleven-member bench was unanimous. Kulbhushan was sentenced to death last month on charges of espionage and sabotage. Hiding the trial and other procedures against Jadhav who is an Indian citizen, from India has caused a setback for Pakistan. Pakistan had earlier released a video in which Kulbhushan confesses his crimes. However, India alleged that the Pak claims including the video was fabricated. India made sixteen requests for consular access to Kulbhushan but Pakistan refused all the time. This approach was pointed out by the ICJ as a huge flaw on the part of Pakistan. The court also rejected the Pak claims that the Vienna Convention provisions on consular access weren’t intended for espionage and terror activities. Although the verdict doesn’t dismiss the death sentence of Jadhav fully, the ICJ has recognised India’s side of arguments in a case eagerly watched by the world. The top UN court directed Pakistan to ensure that Kulbhushan isn’t executed before the international court gives its final verdict. It also underlined that the ruling was final and binding. The verdict in matters like the court’s boundaries and the emergency nature of the case is also in India’ favour.
At the same time, it should be comprehended that the ruling is a temporary relief and that the final verdict is yet to come. Even though denying repeated requests for consular access has put Pakistan in trouble, the matters related to the case are further subject to arguments and counter arguments as well as the final verdict. One positive result is that Pakistan has been directed to allow consular access to Kulbhushan. Pakistan has argued that the verdict doesn’t apply to them and that there were provisions in the Pak law for moving appeals. It’s a fact that powerful countries like the US and China have repudiated the verdicts of international courts. However, observers believe that Pakistan won’t be able to reject the court ruling in a case that grabbed global attention. The country, in that case, will only get more isolated. If India could ensure its success through the right arguments and evidences, that would be the actual victory for the nation. And if Pakistan learns its lesson, it will aid in boosting up the mutual relations as well.
Realizing that diplomatic approaches and legal procedures would lead to victory and not immature threatening and reprimands, paved way for the present triumph. Voices of wanting to ‘teach a lesson’ were heard from both the sides after sentencing Kulbhushan to death. India’s decision to approach the international court has now been proved right. The issue reaching the world court has landed Pakistan in trouble. India should be able to create a better reputation on global platforms in the matters of human rights and law and order mechanism. The fact that the opponents take advantage of India’s tarnished image caused mainly by the atrocities carried out in the northeastern regions and Kashmir, should also not be forgotten. Those matters could be considered as India’s internal matters. And it is absolutely right. However, in order to gain more credibility and acceptance at the global level, India should defuse the bolts of allegations hurled by the opponents. It would bolster the victory as well as the sympathy the country gained along in the Kulbhushan case.