India has received a stay order preventing Pakistan from executing the death sentence awarded to the former naval officer Kulbhushan Jadhav from the International Court of Justice at The Hague. India’s team of lawyers led by senior advocate Harish Salve accused Pakistan of gross violations of international laws. They also pointed out the violations of the Geneva convention that deals with Consular relations. Pakistan had denied consular access to India despite 15 attempts. It also refused to give any details of Jadhav’s arrest and trial until the death sentence was passed.
India has rarely approached the ICJ especially when it comes to Pakistan. India is always hesitatant to “internationalise” its bilateral relations. But given the nature of Jadhav’s case in which Pakistan refused to follow any established principle India was forced to take the extreme measure of taking the case to the ICJ.
International Court of Justice was established in 1945 via the UN Charter and its jurisdiction is worldwide. It is located in “The Hague” in Netherlands. It is a part of the United Nations. The International Court of Justice acts as a world court. The judgement passed by the ICJ have binding force and are without appeal for the parties concerned. The major functions of the International Court of Justice are to settle legal disputes submitted to it by states and to provide advisory opinions on legal questions submitted to it by duly authorized international organs, agencies, and the UN General Assembly.