Context: Pakistan violated its obligations under the Vienna Convention in the case of Indian national Kulbhushan Jadhav, International Court of Justice (ICJ) President Judge Abduylqawi Yusuf told the UN General Assembly. Background: In a major victory for India, the ICJ had ruled that Pakistan must review the death sentence awarded to Mr. Jadhav, a retired Indian Navy officer who was sentenced to death by the Pakistani military court on charges of “espionage and terrorism” after a closed trial in April 2017. India had argued that consular access was being denied to its national in violation of the 1963 Vienna Convention on Consular Relations. Highlights of ICJ judge Abduylqavi yusuf report:
- Pakistan had violated its obligations under Article 36 of the Vienna Convention and appropriate remedies were due in this case.
- Applicability of Article 36 on Individual suspected of espionage: Court noted in that regard that there is no provision in the Vienna Convention containing a reference to cases of espionage nor does the Article concerning consular access, Article 36, exclude from its scope certain categories of persons, such as those suspected of espionage. Therefore, the Court concluded that Article 36 of the Vienna Convention was applicable in full to the case.
- Pakistan’s making of the notification some three weeks after Mr. Jadhav’s arrest constituted a breach of its obligation to inform India’s consular post without delay.
- The Court was also called upon to interpret the meaning of the expression without delay in the notification requirements of Article 36 of the Vienna Convention.
- India Pakistan bilateral agreement 2008 on consular access: Having examined the 2008 Agreement, the Court came to the conclusion that it could not be read as denying consular access in the case of an arrest, detention or sentence made on political or security grounds, and that it did not displace obligations under Article 36 of the Vienna Convention.
- Pakistan must ensure that full weight is given to the effect of the violation of the rights set forth in the Vienna Convention and guarantee that the violation and the possible prejudice caused by the violation are fully examined.
- It noted that effective review and reconsideration presupposes the existence of a procedure that is suitable for this purpose.
Crux of ruling: Reparation and remedies to be granted, after it had found that the rights to consular access had been violated.
International court of Justice Permanent Court of Arbitration International Criminal Court The International Court of Justice is sometimes called as World Court, is the principal judicial organ of the United Nations (UN). The ICJ's primary functions are to settle international legal disputes Submitted by states (contentious cases) and give advisory opinions on legal issues referred to it by the UN (advisory proceedings). The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established by the League of Nations in 1920 and began its first session in 1922. The ICJ comprises a panel of 15 judges elected by the General Assembly and Security Council for nine-year terms. The court is seated in the Peace Palace in The Hague, Netherlands, making it the only principal U.N. organ not located in New York City The Permanent Court of Arbitration (PCA) is an intergovernmental organization located at The Hague in the Netherlands. The PCA is not a court in the traditional sense but provides services of arbitral tribunal to resolve disputes that arise out of international agreements between member states, international organizations or private parties. The cases span a range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade. The PCA is constituted through two separate multilateral conventions with a combined membership of 122 states. It was established in 1899 by the first Hague Peace Conference of 1899 Hague Convention for the Pacific Settlement of International Disputes. At the second Hague Peace Conference, the earlier Convention was revised by the 1907 Convention for the Pacific Settlement of International Disputes. The organization is not a United Nations agency. But the PCA is an official United Nations Observer. The International Criminal Court (ICC) is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands. The ICC has jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and crimes of aggression. It is intended to complement existing national judicial systems and it may therefore exercise its jurisdiction only when certain conditions are met, such as when national courts are unwilling or unable to prosecute criminals or when the United Nations Security Council or individual states refer situations to the Court. The ICC began functioning on 1 July 2002, the date that the Rome Statute entered into force. The Rome Statute is a multilateral treaty that serves as the ICC's foundational and governing document. States which become party to the Rome Statute become member states of the ICC.
Additional information: The Vienna Convention on Consular Relations of 1963 is an international treaty that defines a framework for consular relations between independent states. A consul normally operates out of an embassy in another country, and performs two functions: (1) Protecting in the host country the interests of their countrymen, and (2) Furthering the commercial and economic relations between the two states. The treaty provides for diplomatic immunity. Article 36: Article 36 addresses communications between consular officers and nationals of the sending state. The Convention provides that "consular officers shall be free to communicate with nationals of the sending State and to have access to them." Foreign nationals who are arrested or detained be given notice "without delay" of their right to have their embassy or consulate notified of that arrest, and "consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. Source https://www.thehindu.com/news/international/pakistan-violated-its-obligations-under-vienna-convention-in-kulbhushan-jadhavs-case-icj-judge-tells-unga/article29839174.ece