In case Pakistan refuses to accept the ICJ order, which seems unlikely, India can approach the United Nations Security Council
The International Court of Justice (ICJ) decision in the Kulbhushan Jadhav case on Thursday, asking Pakistan to "take all measures at its disposal" to ensure that he isn't executed till its final judgment, is binding on the Pakistan government. Jadhav is currently in a Pakistani jail.
Simply put, Pakistan won't be able to execute Jadhav till the ICJ's final decision.
The Pakistan government's official stand is that the ICJ has "no jurisdiction in national security matters", and that Thursday's order "does not change the status of Jadhav in any manner." This is just a brave front, for the fact is that it will be extremely difficult for Pakistan to not implement the order.
In case Pakistan refuses to accept the ICJ order, which seems unlikely, India can approach the United Nations Security Council (UNSC).
For the Indian security establishment, the initial grandstanding notwithstanding, the real fight has not even started. More importantly, most people, including those in the security establishment, don't seem too sure of what India is fighting for, right now.
Legal experts point out that, under the UN charter, the ICJ is not a court of appeal where countries or individuals can take their grievances in criminal matters. That's one reason why India or Jadhav's family can't appeal in the ICJ against his conviction and death sentence by the Pakistani military court.
That legal assault would have to be mounted in Pakistan's Supreme Court or the proper court of appeals that is empowered to hear appeals against orders of the Field General Court Martial, commonly known as military court.
In fact, late last month, India's High Commissioner to Pakistan, Gautam Bambawale, handed over to Pakistan's Foreign Secretary a petition from Jadhav's mother, seeking an appeal against the military court's order in the appropriate court of appeals.
The Indian government would do well to concentrate on this appeal also, since even a final victory at the ICJ will only result in consular access to Jadhav. A loss in the Pakistan court's appeal process, however, could mean the end of the road, and life, for him.
All that the ICJ can and will decide is whether Pakistan violated the Vienna Convention on Consular Relations, 1963, in denying, as India alleges, consular access to the former naval officer after he was arrested by Pakistani authorities.
When this happens, India will have to be ready with a strong defence to Pakistan's allegations that Jadhav was a spy, caught with two passports, etc. The good omen for India is that Thursday's order was a unanimous one from the 15 judges of the ICJ.
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