Advertisements

Tag Archives: Viennna Convention.

ICJ to consider Kulbhushan Jadhav’s case

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.
On 8 May 2017, India to protect Kulbhush Jadhav filed a petition before ICJ  and an application for interim measures.  ICJ had granted interim protection and has fixed today the hearing on main petition.

Continue reading

Advertisements