The International Court of Justice (ICJ), the principal judicial organ of the United Nations, will hold public hearings in the Jadhav case (India v. Pakistan) from Monday 18 to Thursday 21 February 2019, at the Peace Palace in The Hague, the seat of the Court. The first round of oral arguments will take place on February 18, when India will argue from 10 am to 1 pm. Pakistan will put forth their first round arguments on February 19, from 10 am to 1 pm
India will kick off the second round of oral arguments on February 20, from 3 pm to 4:30 pm, whereas Pakistan will conclude on February 21, from 3 pm to 4:30 pm.
Pakistan had submitted a 400-page reply in July this year as part of its rejoinder to India’s last reply of April 17.
India has said that Jadhav is innocent and has maintained that he was kidnapped from Iran where he had gone for handling his businesses after superannuation from the Indian Navy.
Pakistan claim that its security forces arrested Jadhav from its Balochistan province in March, 2016 after he reportedly entered from Iran. India denies all charges. India moved the ICJ in May last year against the verdict. A 10-member ICJ bench on May 18, 2017 restrained Pakistan from executing Jadhav till the case was adjudicated on.
In its written pleadings, India in September 2017 accused Pakistan of violating the Vienna Convention by not giving consular access to Jadhav.
A 11-judge bench of the International Court of Justice stayed the execution of Indian national Kulbhushan Jadhav by Pakistani military court until further notice, while observing that prima facie the Vienna Convention will apply in the Kulbhushan Jadhav case. “The decision to stay Jadhav’s execution pending ICS hearing is unanimous,” said ICJ President Ronny Abraham. The bench also observed that the 150-day period for clemency given by Pakistan, which ends in August suggests execution can happen immediately thereafter. The court further said, “It considers that the mere fact that Mr. Jadhav is under a death sentence and might therefore be executed is sufficient to demonstrate the existence of a risk of irreparable prejudice to the rights claimed by India.” The court pronounced its verdict on India’s plea seeking provisional measures restraining the execution of Jadhav by Pakistan. India had moved the court seeking immediate measures by the top court, in effect a stay, against the death sentence.
Official Notification of Hearing here:
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