Pakistan gets a big snub at ICJ in Kulbhushan Jadhav case but claims victory

In a massive loss of face for Pakistan at International Court of Justice (ICJ) in Kulbhushav Jadhav case, the Hague-based UN Court on Wednesday ordered Pakistan to stay Jadhav's execution and grant consular access to Jadhav. But it seems that Pakistan has not learnt a lesson despite the snub at ICJ because it is claiming victory in this case.

The Pakistani government has posted a tweet calling the verdict a big win for Pakistan. The claim is surprising because out of 16 judges at the ICJ 15 have voted in favour of India and supported the request made by India. Pakistan, however, is trying to save its face by claiming that India’s demand of release and repatriation of Jadhav has been rejected by ICJ.

Big win for Pakistan. India’s demand of release and repatriation of #KulbhushanJadhav rejected by ICJ.#KulbhushanVerdict — Govt of Pakistan (@pid_gov) July 17, 2019

ICJ Judge Abdulqawi Ahmed Yusuf read the court’s decision and ordered Islamabad to stay Jadhav's death sentence till Pakistan reviews the trial which was conducted by its military behind closed doors. The ICJ order means that even as the death sentence remains suspended 'until Pakistan effectively reviews and reconsiders the conviction/sentence'. 

The ICJ also observed that the death sentence awarded to Jadhav should remain suspended until Pakistan effectively reviews and reconsiders the sentence in light of Pakistan’s breach of Art 36(1) i.e. denial of consular access and notification. 

The ICJ also observed that Pakistan has deprived India of the right to communicate with Jadhav by denying consular access to New Delhi and it also did not arrange for his legal representation. The court said Pakistan has breached obligations incumbent upon it under Vienna Convention on Consular Relations. This observation is seen by legal experts across the globe as a major embarrassment for Pakistan because it had repeatedly claimed that since Jadhav was arrested on charges on espionage and terrorism and Vienna Convention doesn't apply in his case. The ICJ, however, rejected Pakistan's claim and said that Islamabad had breached its obligation by not informing Kulbhushan Jadhav of his rights under the Vienna Convention.