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Jadhav Case (India v. Pakistan) (I.C.J.)

Published online by Cambridge University Press:  08 May 2020

Freya Baetens*
Affiliation:
Freya Baetens (Cand.Jur./Lic.Jur. (Ghent); LL.M. (Columbia); Ph.D. (Cambridge)) is Professor of Public International Law at the PluriCourts Centre of Excellence (Faculty of Law, Oslo University) and is also affiliated with the Europa Institute (Faculty of Law, Leiden University). As a Member of the Brussels Bar, she regularly acts as counsel or expert in international disputes.

Extract

In May 2017, India commenced proceedings before the International Court of Justice (ICJ) against Pakistan, accusing it of “egregious violations of the Vienna Convention on Consular Relations” (VCCR). The dispute concerns the treatment of an Indian national, Kulbhushan Sudhir Jadhav, who was detained, tried, and sentenced to death by a military court in Pakistan. The Court essentially upheld the claim by its judgment of July 17, 2019.

Type
International Legal Documents
Copyright
Copyright © 2020 by The American Society of International Law

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References

ENDNOTES

1 Jadhav (India v. Pakistan) Application instituting proceedings (May 8, 2017) p. 4 [hereinafter Application], https://www.icj-cij.org/files/case-related/168/168-20170508-APP-01-00-EN.pdf.

2 Id. ¶ 13.

3 Id. ¶ 7; Annex 2.

4 Id. ¶ 11; Annex 3.

5 Id. ¶ 12.

6 Id. ¶¶ 28, 60.

7 Jadhav (India v. Pakistan) Request for the indication of provisional measures of protection (May 8, 2017) ¶ 18 [hereinafter Request], https://www.icj-cij.org/files/case-related/168/19424.pdf.

8 Id. ¶ 22.

9 Jadhav (India v. Pakistan) Order on provisional measures order (May 18, 2017) ¶ 61, https://www.icj-cij.org/files/case-related/168/168-20170518-ORD-01-00-EN.pdf.

10 Jadhav (India v. Pakistan) Judgment (July 17, 2019) ¶¶ 36–37 [hereinafter Judgment], https://www.icj-cij.org/files/case-related/168/168-20190717-JUD-01-00-EN.pdf.

11 Jadhav (India v. Pakistan) Dissenting opinion of Judge ad hoc Jillani (July 17, 2019) ¶ 1, https://www.icj-cij.org/files/case-related/168/168-20190717-JUD-01-05-EN.pdf.

12 Judgment, supra note 10, ¶ 95.

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