Jadhav case: Pakistan may not recognise ICJ jurisdiction, say reports

New Delhi: Speculation is rife that Pakistan may not recognise the jurisdiction of the International Court of Justice (ICJ) in the Kulbhushan Jadhav case.

On March 29 this year, Pakistan had recognised the jurisdiction of the ICJ but had specified before the ICJ that this would not apply to “matters related to the national security of the Islamic Republic of Pakistan.” Significantly, Pakistan treats the Kulbhushan Jadhav case as a matter of national security since its military court has convicted the former Indian Naval officer for “espionage and sabotage.”

Meanwhile, the International Court of Justice (ICJ) has said that proceedings in the Kulbhushan Jadhav case will be “streamed live” next week on Monday. The ICJ had already sent a communication to the Pakistan government, effectively staying any execution of Jadhav by Pakistan after India approached it.

Jadhav was sentenced to death a few weeks ago by a Pakistani military court. New Delhi had on Wednesday said it had approached the ICJ as “the life of an Indian national is under threat”, adding that it was a “very carefully considered decision”.

Pakistan’s permanent representative to the UN, Dr Maleeha Lodhi, had declared before the ICJ on March 29, “I have the honour, by direction of the President of the lslamic Republic of Pakistan, to declare that (the) Government of the Islamic Republic of Pakistan recognises as compulsory ipso facto and without special agreement in relation to any other state accepting the same obligation, the jurisdiction of the International Court of Justice under the statute of the International Court of Justice. ... Provided that this Declaration shall not apply to: all matters related to the national security of the Islamic Republic of Pakistan."

Pakistan had then listed some other clauses too under which the declaration would not be applicable.