The International Court of Justice was formed after the utter failure of League of Nations’ Permanent Court of Justice in 1946. In 1947, the Court handled its first case, between the United Kingdom v. Albania. Since then, the Court has had 178 cases to deal with, the latest one being India v. Pakistan, or more popularly known as the Kulbhushan Jadhav case.
The case was a contentious application which was filed by India on 8th May, 2017 against Pakistan for arrest and detention of an Indian national, Mr. Kulbhushan Sudhir Jadhav, without informing the applicant. Alongside, they also claimed that Pakistan had wrongly violated the Vienna Convention on Consular Relations which had been signed on 24th April of 1963. Jadhav was on a death sentence on the order of a military court in April in the respondent country and as per the claim of India, had been denied his rights under Article 36 of this same Convention. He was not permitted to get in contact with officers from India, or make arrangements for his legal representation at court.
India filed for two requests at the Court; the first was to direct Pakistan to “take all measures necessary to ensure that Mr. Kulbhushan Sudhir Jadhav is not executed”; the second was to “ensure that no action is taken that might prejudice the rights of the Republic of India or Mr. Kulbhushan Sudhir Jadhav with respect to any decision th[e] Court may render on the merits of the case”. On May 18th, the Court ordered the former and ordered Pakistan to respond to the Court with its implemented measures for the same.
The Court gave its final judgment in 2019 where it firstly accepted India’s claim for jurisdiction, next it denied the three claims made by Pakistan during the oral rounds and India’s claim did get accepted. The Court held that the Convention had been infringed upon by Pakistan “regardless of the allegations that Mr. Jadhav was engaged in espionage activities” and that Mr. Jadhav’s rights as per Article 36 had been violated. Pakistan informed India of the subject’s arrest and detention on 25th March 2016 which was three weeks after the actual date of arrest. Thus, delaying in the information provided to India.
Pakistan was held guilty of the above mentioned breaches but India’s submission, of rescinding the military court’s sentence and its effect along with release and safe passage of Jadhav to India, was denied. The Court ordered review and reconsideration of the sentence by the Pakistani Court and for Jadhav’s rights to be enforced during this revision. In September, India was given consular access to Jadhav.