The Jadhav Judgment: Espionage, Carve-Outs and Customary Exceptions

About/Bio

Iñaki Navarrete (BCL, LLB, McGill Faculty of Law) has completed a legal clerkship at the Inter-American Court of Human Rights and at the Supreme Court of Israel. His fields of interest are the international law on intelligence collection and international human rights law. He can be contacted at inaki.navarrete@mail.mcgill.ca

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The Jadhav Judgment: Espionage, Carve-Outs and Customary Exceptions

August 8, 2019

Russell Buchan

Iñaki Navarrete

On 17 July 2019, the ICJ rendered its judgment in Jadhav. In brief, this case involved an Indian national (Mr Jadhav) who was arrested, tried, and convicted by Pakistan for espionage and terrorism offences and sentenced to death. India made repeated requests to Pakistan to allow consular access to Mr Jadhav during his period of detention, all…