See More on Facebook

Analysis, Diplomacy

India, Pakistan both claim victory on ICJ spy case

Though there was only one ICJ verdict both countries have claimed victory.


Written by

Updated: July 18, 2019

The International Court of Justice, the top United Nations Court, on Wednesday ruled that Pakistan had violated international law by denying consular access to Indian Navy Officer Kulbhushan Jadhav.

The ICJ also ordered that Pakistan review the death penalty it handed down to Jadhav for spying.

Jadhav was arrested in a restive Pakistan province in 2016 that is home to a simmering insurgency which Pakistan blames on India. India says that Jadhav was kidnapped by Pakistan agents while he was in Iran.

In 2017, Jadhav was sentenced to death by a military tribunal. The ICJ ruled that Pakistan in this instance failed to inform the navy officer of his right and was breaking international law when it failed to allow consular access to the imprisoned man.

Despite the verdict, both India and Pakistan have claimed victory in the ICJ ruling.

The Pakistan view 

Pakistanis celebrated the verdict arguing that the ruling granting consular access to Jadhav was a minor slap on the wrist while celebrating the validity and recognition of jurisdiction by the Pakistani military court.

Pakistan’s Minister for Foreign Affairs Shah Mahmood Qureshi termed it a victory for Pakistan and said it cleared up any confusion regarding the convicted spy’s custody saying that he shall “remain in Pakistan” and be “treated in accordance with the laws” of the country, according to Dawn Newspaper

“This is a victory for Pakistan,” he said.

The Minister for Science and Technology Fawad Chaudhry also said that the verdict was a “great outcome.”

“Apparently news reports from Hague suggests that not only Indian case for acquittal, release, return stands rejected but apparently [International] Court also upheld Jurisdiction of [Military] Court in #Kalbhushan case. Indeed a great outcome. Congratulations to Pakistan legal team for putting up [a] great fight,” he tweeted.

The Indian view 

India also celebrated the verdict pointing to the consular access as a major point of victory and also noting that Pakistan had broken international law. That the ICJ also ordered Pakistan to review the death penalty imposed was a success, according to the Indian papers.

“India’s big win over Pakistan, ICJ suspends Kulbhushan Jadhav’s execution” reads the headlining article in The Statesman website.

“In a major diplomatic, legal, and emotional victory for India, the International Court of Justice (ICJ), on Wednesday ruled that counsellor access be provided to Kulbhushan Jadhav,” the Statesman continued.

The paper later called Jadhav’s 2017 trial “farcical.”

It should be noted that even though the ICJ ordered a review of the execution and that its rulings are binding, it does not have any means of enforcement and that Jadhav remains in Pakistani custody.

 



Enjoyed this story? Share it.


Cod Satrusayang
About the Author: Cod Satrusayang is the Managing Editor at Asia News Network.

Eastern Briefings

All you need to know about Asia


Our Eastern Briefings Newsletter presents curated stories from 22 Asian newspapers from South, Southeast and Northeast Asia.

Sign up and stay updated with the latest news.



By providing us with your email address, you agree to our Privacy Policy and Terms of Service.

View Today's Newsletter Here

Analysis, Diplomacy

IMF cuts India’s growth rate to 4.8% citing slowdown in local demand, stress in NBFC sector

In a major setback for India on the economic front, the International Monetary Fund (IMF) on Monday slashed its growth rate to 4.8 per cent for the current fiscal year which is expected to rise to 5.8 per cent in 2020. The IMF attributed the slash in growth rate to the slowdown in demand in the domestic market and stress in the nonbank financial sector. “India’s growth is estimated at 4.8 percent in 2019, projected to improve to 5.8 percent in 2020 and 6.5 percent in 2021,” said IMF in a statement. The 5.8 per cent estimate in 2020 is down by 0.9 per cent from the previous estimate. The steep cut in India’s growth rate has affected the IMF’s projection on the world economy, which is now expected to expand 2.9 per cent in 2019 as compare


By The Statesman
January 21, 2020

Analysis, Diplomacy

Wuhan virus: 3rd death reported in China as cases soar past 200; new cases confirmed in Beijing, Shenzhen

There has been a dramatic increase of 136 cases of the mysterious Sars-like virus, including one death, in the Chinese city of Wuhan on Monday (Jan 20) as new cases were confirmed for the first time outside the city in Beijing and Shenzhen. The Chinese city of Wuhan on Monday (Jan 20) reported a dramatic increase of 136 cases of the mysterious Sars-like virus, including one death, as new cases were confirmed for the first time outside the city in Beijing and Shenzhen. The sharp spike in detected cases comes as travelling intensifies ahead of this weekend’s Chinese New Year holidays, sparking fears that the mass human movement co


By The Straits Times
January 20, 2020

Analysis, Diplomacy

North Korea beefs up self-defense capabilities in military reorganization

The North have been making many changes ahead of talks. North Korean leader Kim Jong-un presided over a meeting of the top military decision-making body to accelerate the development of self-defense capabilities ahead of key events that will decide its national strategy, its state media reported Sunday. Discussions on ways to bolster its military capabilities through organizational restructuring and personnel reshuffle were highlighted during the third expanded meeting of the seventh central military commission of the ruling Workers’ Party. Details on what measures were discussed were not disclosed. “At the meeting, Supreme Leader Kim Jong-un


By The Korea Herald
December 23, 2019

Analysis, Diplomacy

China-US trade deal bullish news for both countries, rest of world

From Chinese state media. State Councilor and Foreign Minister Wang Yi said Saturday that the China-US deal on the text of a phase-one economic and trade agreement serves as bullish news for both countries and the rest of the world. Speaking at a joint press conference with Slovenian Deputy Prime Minister and Foreign Minister Miro Cerar, Wang said China has, as always, been opposed to settling economic and trade disputes by imposing tariffs as there is no winner in a trade war. China has also rejected the use of unilateral pressure as it violates the rules of the World Trade Organization (WTO), said Wang. He pointed out that following rounds of back-and-forth negotiations, China and the United States have agreed on the wording of a phase-one economic and trade agreement, and the US side has promised to phase out additional tariffs on Chinese products. The agreement demonstrates the spirit


By China Daily
December 16, 2019

Analysis, Diplomacy

Biegun arrives in Seoul amid deadlock in NK-US nuclear talks

Pyongyang says it conducted “another crucial test” at Sohae site. US Special Representative for North Korea Stephen Biegun arrived in Seoul on Sunday for a “close coordination” with allies amid the deadlock in the denuclearization talks with Pyongyang just weeks before the communist regime’s year-end deadline. A day before, North Korea issued statements to announce that it had carried out “another crucial test” at a satellite launching site, warning the United States to “hold off” any action to “rattle” the regime. During his three-day trip here, the US special envoy is expected to meet with officials here to discuss on the


By The Korea Herald
December 16, 2019

Analysis, Diplomacy

Myanmar to be sincere in implementing Rohingya repatriation deal

This according to the Bangladeshi Foreign Minister. Bangladesh expects that Myanmar would be more tolerant towards Rohingyas after facing trial at the International Court of Justice, Foreign Minister AK Abdul Momen said today. “My expectation is that Myanmar would be sincere in implementing the bilateral deal that signed with Bangladesh on repatriating Rohingyas from Bangladesh,” he told journalists at his ministry office in Dhaka. “Myanmar has invited me before a case lodged with the International Court of Justice. In response, I told that I would go there when the Rohingyas will go back to Myanmar,” the foreign minister said. “I also invited Myanmar to visit Bangladesh to talk to their Rohingya people and to understand their expectations,” Momen said. Globally it has been established that there was a massive crime committed against the Rohingyas, that was des


By Daily Star
December 16, 2019