Days before Kulbhushan Jadhav death sentence, Pakistan laid ground at International Court of Justice

Pakistan said ‘national security’ matters cannot be The Hague’s jurisdiction

Written by Shubhajit Roy | New Delhi | Updated: May 13, 2017 12:50 pm
 Kulbhushan jadhav, Kulbhushan jadhav death sentence, Jadhav hearing, ICJ hearing, Pakistan ICJ, ICJ hearing, Pakistan Kulbhushan jadhav, India news, Indian Express Kulbhushan Jadhav. (File Photo)

TWELVE DAYS before Pakistan’s military court sentenced Kulbhushan Jadhav to death for “espionage and subversive activities”, Islamabad quietly gave a declaration to the International Court of Justice at The Hague stating that matters related to Pakistan’s “national security” would not be part of the ICJ’s jurisdiction.

Pakistan’s Permanent Representative to the United Nations in New York, Maleeha Lodhi, submitted the declaration to UN Secretary General Antonio Guterres on March 29, which superseded Pakistan’s earlier declaration to the ICJ on September 12, 1960.

The Indian Express examined both declarations and found that the national security clause was one of the key additions in the new declaration. These declarations are essentially terms and conditions under which a country decides to accept ICJ’s jurisdiction.

Top government sources in New Delhi said this was, in all likelihood, a “pre-emptive” step to counter India’s attempt to approach the ICJ and seek justice. “This clearly shows that the Pakistan government had made up its mind on the death sentence, and was trying to plug holes in its system,” said a top source.

Pakistan government sources confirmed to The Indian Express on Friday that it was done in “anticipation” of India’s move to approach the ICJ.
Lodhi’s declaration, on behalf of the Pakistan government, on March 29 said: “I have the honour, by direction of the President of the lslamic Republic of Pakistan, to declare that (the) Government of the Islamic Republic of Pakistan recognises as compulsory ipso facto and without special agreement in relation to any other state accepting the same obligation, the jurisdiction of the International Court of Justice under the Statute of the International Court of Justice… Provided that this declaration shall not apply to…” (the declaration lays out eight clauses) and “all matters related to the national security of the Islamic Republic of Pakistan.”

This clause was not a part of the previous declaration. India’s declaration, which was made on September 15, 1974 by then External Affairs Minister Swaran Singh, does not preclude the national security option.

Among the eight other clauses that Pakistan has listed are disputes connected with “any aspect of hostilities, armed conflicts, individual or collective self-defence or the discharge of any functions pursuant to any decision or recommendation of international bodies, the deployment of armed forces abroad, as well as action relating and ancillary thereto in which Pakistan is, has been or may in future be involved.”

India, too, has a similarly-worded clause in its declaration.

Pakistan has, in fact, used the national security clause to deny all consular access requests to the Indian government. India has so far made 16 such requests, and its case is primarily based on the violation of Vienna Convention of Consular Relations.

“We realised this declaration was made by Pakistan, which precluded the national security matters. That is one of the key reasons we decided to approach the ICJ on the basis of violation of VCCR, which is an internationally accepted law on consular relations,” said an Indian government source.

ICJ is scheduled to hear both countries on May 15 and take a decision on the case which has strained relations between the two countries in the last month-and-a-half.

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  1. M
    Mumbai Lawyer
    May 14, 2017 at 3:51 pm
    If India pretends that the 2008 bilateral agreement between India- stan to not give consular access to spies does not exist for purpose of ICJ proceedings, then stan can very simply withdraw from the Vienna Convention on Consular Relations and stump India. This is what USA also did in the Mexico drug dealers cases where the drug dealers were executed by USA. stan could rejoin the Convention on Consular Relations after the execution, if they choose to do so.
    Reply
    1. S
      Suresh Hattangadi
      May 13, 2017 at 9:07 pm
      stan slipped in this case by approaching ICJ and giving changed declaration.It is confirmed that this move even before Jadhav was tried and given death sentnce was to preempt India's objections .However, India approached on consular access and other matters.
      Reply
      1. C
        Citizen
        May 13, 2017 at 8:15 pm
        Good if ICJ has no jurisdiction so also the other international organization where the present alleged dispute it is raising now and then. In fact the so called dispute was never taken or ratified by the Govt of India so the nation is free to adopt whatever it thinks fit to secure its citizens/assets from the rouge states infiltration even crossing the borders to eliminate the menace once for all. Jaihind
        Reply
        1. M
          MyTake
          May 13, 2017 at 5:05 pm
          India can not pretend it is not at war with stan.
          Reply
          1. M
            MyTake
            May 13, 2017 at 5:03 pm
            stan is at war with India and during war no oneone sticks to any agreement. Use this and stop water flowing through any rivers from India. If stan comes and confirms it is not at war and proves it in letter and spirit, renegotiate the agreements.
            Reply
            1. M
              Mumbai Lawyer
              May 14, 2017 at 3:55 pm
              Your argument is childish, and stupid
              Reply
              1. M
                Mumbai Lawyer
                May 14, 2017 at 3:57 pm
                Your argument is called: "Hindoo babu's school teacher argument to village pupils"
                Reply
              2. B
                bitterhoney
                May 13, 2017 at 3:50 pm
                tu daal daal to mein paat paat
                Reply
                1. R
                  romi
                  May 13, 2017 at 12:23 pm
                  india has caught so many spied but our stupid democracy & judijiary system cant make fast decisions while in pak is military government has made big issue of this India learn from s & china how to handle terror
                  Reply
                  1. P
                    pakki
                    May 13, 2017 at 12:07 pm
                    that means indian govt ICJ drama failed - kulbushan dont believe indian ministers and beurocracy they are only people who lured u into pak for spy and terrorist activities better you apologise and give mercy pe ion to pak they are more honest and mercyful than india - and become a military officer to fight your RAW enemies pak will pardon you
                    Reply
                    1. M
                      Murthy
                      May 13, 2017 at 12:33 pm
                      Good piece of Pakki advice.... but Gulbhushan is an Indian and so Pakki advice will not be for his good. Second he knows how he was "lured into " .... He does not trust you. In any case NONE trusts your Military Courts - an oxymoron moron....
                      Reply
                      1. P
                        pakki
                        May 13, 2017 at 12:50 pm
                        you traiter u r talking about person you dont know his name - it is kulbhushan and not GULBHUSHAN ok you chaddi murthy you people are sucking blood of sc st obc muslims and kil them in name of gau mata and drinking cow
                      2. H
                        HELLWITHISLAM
                        May 13, 2017 at 3:40 pm
                        You follower of terror cult living in the Terrorist State of Porkystan better you see your own Firka kil and discriminations with every second person as Kufar. Now victim of Bachabazi shut your mouth or i will start posting all the filth of and your filthy doctrine of PigAmber MahaMad
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                        1. M
                          minutha karkera
                          May 13, 2017 at 3:56 pm
                          Haha what a joke people like you should be washing haiz say toilets pls go and clean
                          Reply
                        2. S
                          sohail
                          May 13, 2017 at 12:02 pm
                          in a interview kulbhushan has said if he is released which is not possible he will do same terrorist activities in india like bomb blasts as he has done in pak becoz it is his profession - and he is very angry on RAW as all bRAWmin officers trapped hip into pak and handed hip to pak as he is not bRAWmin - is any bRAWmin officer got killed arrested or any bRAWmin soldier got martyred on border - they just give orders and non bRAWmins morons get killed free of cost
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                          1. N
                            natraj
                            May 13, 2017 at 11:49 am
                            first he was found with two passport passport of MUBARAK HUSSAIN PATEL was issued by pune authority 2 - why he went to pak 3- if he abducted from iran why no formal complaint with iran - becoz iran will deny that he was abducted and sanghis will be exposed 3- his house in bandra belong to his mother he has taken on rent in name of hussain mubarak patel - why he require muslim iden y in india 4- his diary with his hanwritten names of terrorist found 5 - his audio with doval discussion available as proof 6- dovals vedio istigating RAW officers to start covert war against pak in baloch via iran available on you tube - now leave this safron terrorist to die his own death
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                            1. M
                              Murthy
                              May 13, 2017 at 12:35 pm
                              Your parents have given you such a nice name and you live in stan with that name ?? Amazing....
                              Reply
                              1. P
                                pakki
                                May 13, 2017 at 12:51 pm
                                are u out of wedlock child of knickerwipers like a@saram or nithyananda or N D tiwari
                                1. R
                                  RANA
                                  May 13, 2017 at 1:28 pm
                                  Asharam,nityanand,mohamaad all three were paedophile who enjo little girls. And those who revered them and respected them offered them thier young daughter
                                  1. H
                                    HELLWITHISLAM
                                    May 13, 2017 at 3:42 pm
                                    Pakki talking about Pedophile PigAmber MahaMad who had lust on 6 years old Aysha & raped her at age of 9! He also raped his own daughter in law & cousin Zenab, Jew Safiyah, own Aunt and many more slaves..
                                  2. M
                                    minutha karkera
                                    May 13, 2017 at 3:58 pm
                                    Terrorist having Hindu names not surprising
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                                  3. S
                                    SP
                                    May 13, 2017 at 11:35 am
                                    To deal with stan's covert war and manipulations, war is not a solution. stan was formed on the basis of religion and it treated its religious minority brutally though this minority's demographic profile was over 20 in stani geographical landm even after par ion in 1951 as per stan official census. This was done with complicity of government there. The Indian government will be able to deal with stan only if it shows brutally that the community will have to bear the financial and the physical costs. It is something like not starting the war with stan alone but starting a war with the community. This strategy will make the public in stan to see the reason and will force starting internal reforms in socio-religious canvas and thereby in stan government's approach to India. This approach will solve the Kashmir problem too.
                                    Reply
                                    1. H
                                      Hshdj
                                      May 13, 2017 at 11:28 am
                                      atan may have opened the road for India, India may also deal with the suspects of national security accordingly, without any access to anybody.
                                      Reply
                                      1. P
                                        PS Azurite
                                        May 13, 2017 at 10:43 am
                                        This govt is helpless like any other previous govt except brief period of Indira. stan needs to be taught a lesson for supporting global terrorism from its soil.
                                        Reply
                                        1. R
                                          romi
                                          May 13, 2017 at 12:21 pm
                                          Indira lost golden chance in 1971 with over 7ok POW she failed to negotiate earlier her stupid dad Nehru instead of kicking out pak intruders he went crying to UN Congress is fully responsible of this kashmir mess
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                                        2. A
                                          Ankush Dey
                                          May 13, 2017 at 10:29 am
                                          I don't think that Pak is protected because the changes were brought in effective 29 Mar 2017 however India requests for counselor access pre-dates the Pak submission to ICJ, giving credence to India's position that Pak denied counselor access. Also to note, that it can be argued that death sentence decision was already taken but they fixed this issue first before pronouncing the decision meaning the entire process has been fraud since the beginning!
                                          Reply
                                          1. V
                                            vnsingh
                                            May 13, 2017 at 10:24 am
                                            Days before Kulbhushan Jadhav death sentence, stan laid ground at ICJ: Why cannot we declare stan a terrorist country and deal suitably. We must hang all stani's in our jails.
                                            Reply
                                            1. S
                                              sohail
                                              May 13, 2017 at 10:07 am
                                              that means SAFRON TERRORIST DOVALS RELATIVE KULAKSHAN JADHAVS death is confirmed - i am so happy - that one poisioneous snake will be killed - kill him AFAP next pak may get DOVAL as feast martyrs like AFZAL GURU YAKUM MEMON BURHAN WANI soul will rest in peace
                                              Reply
                                              1. R
                                                Rahul
                                                May 13, 2017 at 10:22 am
                                                Entire Porkistan is itself a terrorist en y
                                                Reply
                                                1. S
                                                  sohail
                                                  May 13, 2017 at 10:34 am
                                                  u then y he went ot such state and there are 4000 indians staying in iran why only he abducted why his flat in mumbai is owned by his mother is taken rental notarised aggrement in name of hussain mubarak patel - ha ha ha u kinckerwipers are useless parasites - thugs with 36 crore gods why dont u make a call to gods
                                                2. A
                                                  Abhinav
                                                  May 13, 2017 at 10:36 am
                                                  Dost Aap stan se ho.....isliye aap se yahi ummid hai.....Jai Hind .
                                                  Reply
                                                  1. A
                                                    Abhinav
                                                    May 13, 2017 at 10:37 am
                                                    stan
                                                    1. A
                                                      Abhinav
                                                      May 13, 2017 at 10:37 am
                                                      stan
                                                      1. A
                                                        Abhinav
                                                        May 13, 2017 at 10:38 am
                                                        1. S
                                                          sohail
                                                          May 13, 2017 at 10:58 am
                                                          hind word is not found in any scriptures or historical text but invented by brahmins for local indians - neither is any hindu religion exists its all fakery because sc st are abmedkarites who converted to buddhism are 25 percent muslims 25 percent obc 40 percent 80 percent india is not hindu where is hindu rashtra fakery olden india was buddhist during samrat ashowka
                                                          1. V
                                                            Venkatraman Shenoy
                                                            May 13, 2017 at 11:06 am
                                                            If we write Ppaakistaan, Indian Express cuts it to stan, but if we write Pporkistaan, it doesn't censor it! See how IE hates the very name of your motherlaand!!!!
                                                          2. M
                                                            mast kalandar
                                                            May 13, 2017 at 11:27 am
                                                            we will make a call to raap ist & a pee do file mohammad
                                                            Reply
                                                            1. S
                                                              sohail
                                                              May 13, 2017 at 11:32 am
                                                              then make a call to lord rama who left his wife when she was pregnant or to feku who abondoned his wife yashodaben withhout any talaq - u people cant take care of own wives going behind muslim women ha ha ha ha ha
                                                              1. P
                                                                parvez
                                                                May 13, 2017 at 11:35 am
                                                                or make a call to chaddis who have chaadi but no wife - seems perverted thats why so many rapes in india including small children of 3-4 years indias is full of rapists paedophile criminals any nirbhaya occured in pak or saudi no -
                                                              2. R
                                                                Rudrani
                                                                May 13, 2017 at 12:54 pm
                                                                Seriously..... A bomb blast is a bomb blast; wherever in the world. Lets not politicize kil of innocent people. please read history... not your school text books. learn whats is not taught. get a new idea not be burdened with carry forward thoughts and idealogies.. learn to sympathies. we Indians have tolerated all that hatered thrown from your end. lastly, leave the hatred business to the politicians, get up, educate yourself, upgrade your society and be a useful citizen of the world. rise above the misguided crowd. everything is business. all terrorist organizations are spreading hatred for their business. their sons wont die as martyr for the religion, instead they will slay you for their business. EDUCATION IS WHAT YOU NEED
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                                                                Rajkumar kedia
                                                                May 13, 2017 at 9:57 am
                                                                I hv faith in susma swaraj.if she was given a free hand she will be able to achieve unachievale
                                                                Reply
                                                                1. K
                                                                  Kalpathy Gurumani
                                                                  May 13, 2017 at 9:29 am
                                                                  According to stan, If this is concerned as a national security, then the world considers stan as a threat to International Security. Such case can the entire world finish stan?
                                                                  Reply
                                                                  1. K
                                                                    Krishna Kant Singh
                                                                    May 13, 2017 at 9:00 am
                                                                    "ICJ is scheduled to hear both countries on May 15 and take a decision on the case which has strained relations between the two countries in the last month-and-a-half." Some naive and even some crooks have spread rumours that ICJ has sta the death sentence of Kulbhushan Jadhav, giving credit to Modi government! If our soldier has to be saved, it has to be India's direct pressure on stan and nothing else!
                                                                    Reply
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                                                                      Achoot
                                                                      May 13, 2017 at 8:44 am
                                                                      Hang this monkey ASAP.
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                                                                        Ramesh
                                                                        May 13, 2017 at 8:42 am
                                                                        If stan commit execution against ICJ .Then kill 10 separatist on spot then stan will never do in future.
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