Jadhav Case (India v. Pakistan)
International Court of Justice
2019 I.C.J. 418 (2019)
- Written by Rich Walter, JD
Facts
India (plaintiff) filed a complaint against Pakistan (defendant) in the International Court of Justice (ICJ). The complaint arose from Pakistan’s arrest and detention of Indian citizen Kulbhushan Jadhav on espionage and terrorism charges. Those charges ultimately led to Jadhav’s conviction, for which a Pakistani military court sentenced Jadhav to death. The ICJ found that Pakistan had intentionally violated Article 36 of the 1963 Vienna Convention on Consular Relations (VCCR) by failing to inform Jadhav of his VCCR rights and by depriving Indian consular officials of their VCCR right to arrange legal representation for Jadhav. On the basis of that finding, India petitioned the ICJ to order Jadhav’s release and the annulment of Jadhav’s conviction. India cited the International Covenant on Civil and Political Rights (ICCPR) as authority for its petition.
Rule of Law
Issue
Holding and Reasoning ()
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