Kulbhoshan Yadav’s case: Why ICJ will not give decision in favor of Pakistan?



Pakistan will demolish India’s “mischievous designs and motive”. India presented a memorial (petition) before the International Court of Justice (ICJ) on Wednesday, through which it is trying to divert the international community’s attention from the real issue, while trying to bring out the ‘humanitarian’ aspect in the case of its alleged spy Commander Kulbhushan Jadhav, who has confessed to carrying out subversive and terrorist activities inside Pakistan.



The government also found fault with Washington’s military sales to New Delhi which emboldens it to adopt aggressive military doctrines and even contemplate military adventurism in the region.



Kulbhushan was arrested on March 3, 2016 through a counter-intelligence operation in Balochistan’s Mashakel area. Chief of Army Staff Gen Qamar Javed Bajwa confirmed the Indian spy’s death sentence awarded by Field General Court Martial, after a trial for involvement in espionage and sabotage activities in Karachi and Balochistan.



In the same year three months ago International court of Justice gave a verdict in favor of India as Pakistan has filed a petition that ICJ has not mandate to hear the case of a terrorist who has confessed his crimes.


India has demanded the counselor access to Yadav which was denied by the Pakistan. At  the point of consular access, one of the key arguments that Pakistan raised before the court was that India had failed to prove the nationality of Kulbhushan Jadhav.


While too many this may seem like a technicality, it is not. In the case of Mexico versus United States (The case concerning Avena and other Mexican nationals; more commonly the Avena Case), the ICJ was quite clear on the point that in order for a State to exercise diplomatic protection, it must prove that the person it is trying to protect is a national of that State.



While there were abundant evidence that may exist to prove that Jadhav is an Indian national, this evidence was not put before the court. Instead India relied solely on Pakistan’s assertion that he was an Indian spy.


However, the verdict given by the Supreme Court in May this year was hailed by the Indian nationals as victory of the India but still a lot of the game is remaining. If India proves that he is Indian national, it means that she would confess that Yadav is a spry and Pakistan’s claims are right. However under the US influence ICJ may not give a favorable decision for Pakistan but it may be for India.