In the month of May 2017 International Court of Justice (hereinafter referred to as ‘ICJ’ for convenience) allowed an application made by India for suspension of the death sentence issued against Kulbhushan Jadhav by military court of Pakistan whereby granting stay on the execution order pending court’s final decision on merits. India was represented by Advocate Harish Salve whereas Pakistan was by Khawar Qureshi.

In furtherance of the abovementioned decision ICJ released a Press Release dated 3rd October 2018 whereby it announced that it will hear the matter from 18th to 21st February 2019. The schedule for arguments are as follows-

Schedule for the hearings

First round of oral arguments

Monday 18 February 10 a.m. – 1 p.m. : India

Tuesday 19 February 10 a.m. – 1 p.m.: Pakistan

 Second round of oral arguments

Wednesday 20 February 3 p.m. – 4:30 p.m. : India

Thursday 21 February 4:30 p.m. – 6 p.m. : Pakistan”

The application was filed before ICJ by India owing to the fact that Pakistan has caused infringement of Article 36(1) of the Vienna Convention on Consular Relations 1963 by not informing them about Kulbhushan Jadhav’s detention. Mr. Kulbhushan Jadhav who is an Indian national has been sentenced to death by military court of Pakistan on allegations of espionage and terrorism. It was asserted by India that Mr. Jadhav was kidnapped from Iran whereas it was shown that he was arrested from Baluchistan on 3rd March 2016 and India was informed about the same on 25th March 2016. India approached the Court under Article 74 of the Rules of the Court which provides as follows-

“1. A request for the indication of provisional measures shall have priority over all other cases. . . .”

The press release has made it clear that availability in the Great Hall of Justice is limited hence seating will be provided based upon applications made provided priority will be given to representatives of the States Parties to the case and members of Diplomatic Corps. The Court has also laid down rules for entry, parking, access to courtrooms, making of videos and still photographs etc.

Hence, all eyes will be set at Peace Palace in The Hague (Netherlands) from 18th to 21st February 2019.

Source of image:

Press Release: Press Release_Jadhav Case (India v. Pakistan)