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Kulbhushan Jadhav case: Summary of India and Pakistan's arguments at the ICJ

The ICJ will pronounce its verdict on the Kulbhushan Jadhav case on Thursday.

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Indian team at the ICJ
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The International Court of Justice (ICJ) will pronounce its verdict on the Kulbhushan Jadhav case on Thursday, just 10 days after India approached it demanding immediate suspension of the death sentence given to its former Navy officer by a Pakistan military court.

"The ICJ, the principal judicial organ of the United Nations, will deliver its Order on the request for the indication of provisional measures made by India in the Jadhav Case (India v. Pakistan), on Thursday 18 May 2017. A public sitting will take place at 12 noon (3:30 PM IST) at the Peace Palace in The Hague, during which Judge Ronny Abraham, President of the Court, will read the court's decision," the international court said in a release. 

Here are the summaries of India and Pakistan’s arguments at the ICJ:

India’s argument at ICJ

India, whose request for consular access to Jadhav was turned down 16 times, had approached the ICJ on May 8, accusing Pakistan of violating the Vienna Convention and conducting a "farcical trial" for convicting Jadhav without a "shred of evidence", following which the court had stayed his hanging.

India added that all requests for consular access fell on ‘deaf ears’ and that India was afraid that Jadhav would be executed before its argument was heard.

India also questioned Jadhav’s confessional video, and the trial he got in Pakistan’s military custody. India pointed out that even now, Jadhav didn’t have legal representation at this stage of the trial.

Pakistan’s argument at the ICJ

Meanwhile, Pakistan countered by stating that the Vienna Convention didn’t apply to 'spies' involved in terror activities. They said that India’s application must be dismissed on three counts - there is no agency, relief sought is manifestly unavailable and the jurisdiction is limited. Islamabad added that India hadn’t given a sufficient argument to explain Jadhav’s passport which bore a Muslim name, that Jadhav was given a fair trial and that the allegation that Jadhav was kidnapped from Iran was far-fetched.

Pakistan went on to accuse India of using the ICJ as a ‘scene of political theatre’. 

The International Court of Justice is scheduled to pronounce its verdict on May 18. 

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