ICJ rules in favor of India in Kulbhushan Jadhav’s case; PM Modi welcomes the verdict

The Hague / New Delhi:

International Court of Justice in The Hague today ruled in favour of India in the case relating to Kulbhushan Jadhav. The Court, by a vote of 15-1, has upheld India’s claim that Pakistan is in egregious violation of the Vienna Convention on Consular Relations, 1963 on several count.

Only ad hoc judge from Pakistan, Tassaduq Hussain Jillani, voted against India.  A judge from China in the bench has also ruled in India’s favour.

ICJ ruled that Pakistan is under an obligation to inform Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with the Vienna Convention.

PM Modi welcomes verdict

Prime Minister Narendra Modi welcomed the judgement saying that truth and justice have prevailed.

“We welcome today’s verdict in the @CIJ_ICJ. Truth and justice have prevailed. Congratulations to the ICJ for a verdict based on extensive study of facts. I am sure Kulbhushan Jadhav will get justice. Our Government will always work for the safety and welfare of every Indian,” PM Modi tweeted.


Dr. S. Jaishankar speaks to Jadhav’s family

Ministry of External Affairs also welcomed the verdict of ICJ and saying that India expects Pakistan to implement the directive immediately. MEA said that Pakistan should review and reconsider the conviction and sentence given to Jadhav by the Pakistani military court.

Meanwhile, External Affairs Minister Dr. S. Jaishankar spoke to Kulbhushan Jadhav’s family after the verdict and applauded their courage.

“Spoken to #Kulbhushan’s family. Applaud their courage. Satyameva Jayate,” tweeted Dr. Jaishankar.

Former Minister of External Affairs Sushma Swaraj also welcomed the verdict and thanked Harish Salve and PM Modi for taking the issue to the ICJ.

Union Home Minister Rajnath Singh also welcomed the verdict calling it big victory for India.

The Verdict

  • The Court Unanimously “Finds that it has jurisdiction, on the basis of Article I of the Optional Protocol concerning the Compulsory Settlement of Disputes to the Vienna Convention on Consular Relations of 24 April 1963, to entertain the Application filed by the Republic of India on 8 May 2017.”
  • By fifteen votes to one the ICT rejected the objections by the Islamic Republic of Pakistan to the admissibility of the Application of the Republic of India and finds that the Application of the Republic of India is admissible. IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian, Salam, Iwasawa; AGAINST: Judge ad hoc Jillani;
  • By fifteen votes to one, the ICJ finds that, by not informing Mr. Kulbhushan Sudhir Jadhav without delay of his rights under Article 36, paragraph 1 (b), of the Vienna Convention on Consular Relations, the Islamic Republic of Pakistan breached the obligations incumbent upon it under that provision; IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian, Salam, Iwasawa; AGAINST: Judge ad hoc Jillani;
  • By fifteen votes to one, the ICJ finds that, by not notifying the appropriate consular post of the Republic of India in the Islamic Republic of Pakistan without delay of the detention of Mr. Kulbhushan Sudhir Jadhav and thereby depriving the Republic of India of the right to render the assistance provided for by the Vienna Convention to the individual concerned, the Islamic Republic of Pakistan breached the obligations incumbent upon it under Article 36, paragraph 1 (b), of the Vienna Convention on Consular Relations; IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian, Salam, Iwasawa; AGAINST: Judge ad hoc Jillani;
  • By fifteen votes to one, the ICJ finds that the Islamic Republic of Pakistan deprived the Republic of India of the right to communicate with and have access to Mr. Kulbhushan Sudhir Jadhav, to visit him in detention and to arrange for his legal representation, and thereby breached the obligations incumbent upon it under Article 36, paragraph 1 (a) and (c), of the Vienna Convention on Consular Relations; IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian, Salam, Iwasawa; AGAINST: Judge ad hoc Jillani;
  • By fifteen votes to one, the court finds that the Islamic Republic of Pakistan is under an obligation to inform Mr. Kulbhushan Sudhir Jadhav without further delay of his rights and to provide Indian consular officers access to him in accordance with Article 36 of the Vienna Convention on Consular Relations; IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian, Salam, Iwasawa; AGAINST: Judge ad hoc Jillani;
  • By fifteen votes to one, the court finds that the appropriate reparation in this case consists in the obligation of the Islamic Republic of Pakistan to provide, by the means of its own choosing, effective review and reconsideration of the conviction and sentence of Mr. Kulbhushan Sudhir Jadhav, so as to ensure that full weight is given to the effect of the violation of the rights set forth in Article 36 of the Convention, taking account of paragraphs 139, 145 and 146 of this Judgment; IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian, Salam, Iwasawa; AGAINST: Judge ad hoc Jillani;
  • By fifteen votes to one, the court declares that a continued stay of execution constitutes an indispensable condition for the effective review and reconsideration of the conviction and sentence of Mr. Kulbhushan Sudhir Jadhav. IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian, Salam, Iwasawa; AGAINST: Judge ad hoc Jillani