Jurisdiction of ICJ
International Court of Justice (ICJ) derives its jurisdiction from a voluntary declaration by each State that accepts its jurisdiction. Islamic Republic of Pakistan has filed a fresh declaration submitting to the jurisdiction of ICJ on March 29, 2017.
ICJ is the principal judicial organ of the United Nations. It was established by the United Nations Charter, signed in 1945 at San Francisco (United States), and began work in 1946 in the Peace Palace, The Hague (Netherlands).
The Court, which is composed of 15 judges, has a dual role: in accordance with international law, settling legal disputes between States submitted to it by them and giving advisory opinions on legal matters referred to it by duly authorized United Nations organs and specialized agencies.
Only States are eligible to appear before the Court in contentious cases. At present, this basically means the 192 United Nations Member States.
The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with legal counselling or help them in their dealings with the authorities of any State whatever.
However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States.
Background of Kulbhushan Jadhav’s case
Pakistan allegedly arrested, detained, tried, convicted and sentenced to death an Indian National Mr. Kulbhushan Sudhir Jadhav, and he is currently under a death sentence handed out by a Military Court Martial without giving him consular access which is mandatory under Article 36 of Vienna Convention
Making India bleed through thousand cuts:
Zia-ul Haq, the then dictator of Pakistan had formulated the above policy to make India bleed through a thousand cuts after he realised that Pakistan can not win any conventional war with it’s mighty neighbour. Search the above phrase and there will be hundreds of articles highlighting above policy and concluding that the terrorism unleashed through borders is the result of that policy. They are only half correct. Terrorism is official policy of Pakistan to deal with all neighbours.
The creation of ‘Pakistan’ which literally mean “Pure Land” is itself is a hate speech to the rest of world which is automatically termed impure. But the task of Islam/Pakistan is not complete.The Pakistan looks for “Takmeel-e-Pakistan” which means perfection. It will happen when all the Muslim in the world comes together. Can you guess what this “togetherness” will do? No marks for guessing. It is a hush talk of what ISIS dare to speak without mincing words.
The creation of Pakistan saw murder of million and exodus of Millions of Hindu/Sikh/minorities other than Muslims from West Punjab (and East Bengal) which was declared Pakistan. A state born with violence and whose first policy decision was to attack its minorities and second was to attack Kashmir, can not be expected shun violence. Therefore the crucial question is: “What are the above said thousand cuts?
Understanding the metaphor called Pakistan.
Oldest ongoing war on planet is between Pakistan and India, going on since 1947. While I am writing, Govt of India is busy thinking what to do next after the High Commissioner of Pakistan was summoned and served with stern warning without any visible effect on unprovoked firing going on line of control in J&K. In fact High Commissioner smiled coyly at TV camera like a bully student who just got reprimanded from Principal. That covers the attitude.
Terrorism and Pakistan.
Terrorists get trained in Pakistan, kill people in India, get caught and spill Paki beans but Pakistan denies its involvement. Others ignore it.
People including little children get killed in Pakistan, Mosques attacked, sitting Ministers’ home blasted away, somebody who calls himself Prime Minister of Pakistan makes gestures, cusses terrorists and terrorism but in a few weeks similar shooting or blast happens and same show repeats. Nothing changes? Continue reading
Dry riverbed of Ganges
Kashmir which includes Jammu and the area presently administered by Pakistan was part of Punjab and was ceded to East India Company in 1846, and the Company ‘sold’ it to Golab Singh for 50 hundred thousand Rupees by a sale deed executed at Amritsar. Ladakh and other areas were annexed by him later. Continue reading
Wars, building, destroying and rebuilding:
9/11 shook up world. In USA woke its people to the era of third world we are living in. It is a decade ever since but grooming grounds of hatred, even though hurt themselves, continue to be revengeful. Wars have nothing to do with wrong or right. It never did. It is about domination. Wars start off from hurt but end up with object of domination not peace. Peace is alien to humans. Co existence is a dream. If nothing they will fight over Mosque. An interesting perspective about rebuilding Twin Towers is here:
Personally, if I had $100 million to build a mosque that promotes interfaith tolerance, I would not build it in Manhattan. I’d build it in Saudi Arabia or Pakistan. That is where 9/11 came from, and those are the countries that espouse the most puritanical version of Sunni Islam -a version that shows little tolerance not only for other religions but for other strands of Islam, particularly Shiite, Sufi and Ahmadiyya Islam. You can study Islam at virtually any American university, but you can’t even build a one-room church in Saudi Arabia. That resistance to diversity, though, is not something we want to emulate, which is why I’m glad the mosque was approved on Tuesday. Countries that choke themselves off from exposure to different cultures, faiths and ideas will never invent the next Google or a cancer cure, let alone export a musical or body of literature that would bring enjoyment to children everywhere. (via The medley and the mosque.)
When truth of a happening like this is in doubt how can we trust the sincerity of any cause for any war in the world? See (Truth Movement) Every religious symbol has seed of war not peace. It is unfortunate.