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UN Court Orders Pakistan Not To Execute Indian Spy

19 Mai 2017

The government's bold step to move the International Court of Justice (ICJ) at The Hague has paid off.

The International Court of Justice on Thursday issued an order staying the execution of Kulbushan Jadhav by Pakistan, a causing shock and disappointment in Pakistan.

A senior official told The Express Tribune that India had been successful in managing the ICJ's registrar office, which has vast powers to fix cases before the court.

"There have been cases when the court said you have to annul the process and go back".

"Pakistan shall take all measures at its disposal to ensure that Jadhav is not executed pending the final decision in these proceedings", ICJ President Ronny Abraham said.

"India has the right to seek consular access for Jadhav", he added.

The death sentence to Jadhav was handed out by a Pakistani military court on 10 April on charges of espionage. In securing a unanimous verdict, India has succeeded in exposing Islamabad's consistent undermining of worldwide norms.

ICJ President Ronny Abraham, a 63-year-old French academic and practitioner in public worldwide law, asked Pakistan to keep the court informed "of all measures taken" in the implementation of the order.

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This piece appeared as an editorial opinion in the print edition of The Economic Times.

India denies Mr Jadhav is a spy, and Pakistan denies kidnapping him.

Responding to a question, Rohatgi asserted that the ICJ's interim verdict on Thursday was binding on both India and Pakistan.

Pakistan, on its part, told the ICJ that the provisions of Vienna Convention on consular access were not applicable for a "spy".

India demanded the immediate suspension of Jadhav's death sentence but Pakistan presented the Kulbhushan Jadhav case as a matter of national security and the ICJ's decision would not apply to "matters related to the national security of Pakistan".

The reproduction of the story/photograph in any form will be liable for legal action. He added that the ICJ verdict had shown that the military court trial by Pakistan was a "charade", and that the neighbour had been completely "blown away" by it. Jadhav is a former Indian navy officer who was arrested in Balochistan in March 2016.

India welcomed the courts unanimous decision on Jadhav, 46, while Islamabad said it had informed the ICJ that it did not accept the courts jurisdiction in matters related to national security.