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Home Articles posted by Freya Baetens

The Unseen Actor

Published on September 10, 2019        Author: 

 

The Unseen Actor

 

Smile at us, pass us or greet us; then, if you like, forget,

For we are the unseen actors, that have not spoken yet.

The interns, law clerks, jurists, of less than judicial rank,

Whom judges and arbitrators have nonetheless reason to thank.

We are the unobtrusive – we could almost be said to ‘lurk’;

But make no mistake about it, we’re doing important work.

We stand well back in the shadows (except for the Registrar), Read the rest of this entry…

 

The International Court of Justice renders its judgment in the Jadhav case (India v. Pakistan)

Published on July 18, 2019        Author: 

On 8 May 2017, India instituted proceedings before the International Court of Justice (ICJ) against Pakistan, accusing the latter of ‘egregious violations of the Vienna Convention on Consular Relations’ (VCCR) (p. 4). The dispute concerns the treatment of an Indian national, Mr. Kulbhushan Sudhir Jadhav, who was detained, tried and sentenced to death by a military court in Pakistan.

In this post, I will give a brief overview of the background of the case and the claims submitted by India, followed by the provisional measures decision and the judgment on jurisdiction, admissibility and merits, pronounced in open court on 17 July 2019.

Application instituting proceedings

In its Application, India claimed that, on 3 March 2016, Mr. Jadhav was ‘kidnapped from Iran, where he was carrying on business after retiring from the Indian Navy, and was then shown to have been arrested in Baluchistan’ (para. 13) on suspicion of espionage and sabotage activities.  India stated that it was not informed of Mr. Jadhav’s detention until 22 days after his arrest and Pakistan failed to inform Mr. Jadhav of his rights under the VCCR. Allegedly, the Pakistani authorities refused to give India consular access to Mr. Jadhav, despite repeated requests. Read the rest of this entry…