World Court orders review of sentence for Kulbhushan Jadhav

The World Court yesterday ordered Pakistan to review the death penalty given in 2017 to former Indian navy commander Kulbhushan Sudhir Jadhav who was convicted of being a spy. The 16-judge panel said Pakistan has to provide an “effective review” of the case and added that a “continued stay of execution” of Jadhav was needed for that to happen. Indian Prime Minister Narendra Modi welcomed the ruling, tweeting that “Truth and justice have prevailed”.

Pakistan argued that based under a bilateral treaty between the nations it was not obligated to allow diplomatic assistance for people suspected of being spies or terrorists. The court dismissed that argument and found by 15 votes to 1 that Pakistan had breached Jadhav’s rights under the Vienna Convention on Consular Relations, by not allowing Indian diplomats to visit him in jail or assist him during his trial at a military court.

The ICJ has no means to enforce its rulings which are final and without appeal. It is unclear from the ruling what exactly would constitute an effective review of Jadhav’s sentence. Judges did say that Islamabad would need to take all necessary measures including changing their laws to ensure Jadhav’s case will be properly reviewed. Pakistan’s attorney general Anwar Mansoor Khan told journalists outside the Peace Palace in the Hague that he considers the case “a clear win for Pakistan” as the court did not order the acquittal and release of Jadhav as India had sought.