Kulbhushan Jadhav Case Verdict | What are the possible scenarios after the ICJ judgment?

The International Court of Justice (ICJ) is scheduled to deliver its verdict in the Kulbhushan Jadhav case between India and Pakistan at 06:30 pm IST on July 17.

Jadhav, a 49-year-old retired Navy officer, was allegedly arrested on March 3, 2016, while India was informed only on March 25. Pakistan’s military court sentenced him to death on charges of espionage and terrorism in April 2017.

While India has argued that the sentence be annulled as it is against Vienna Convention and demanded Jadhav’s immediate release, Pakistan has denied all claims and asserted that their military court is non-partisan and will do justice to the case.

Catch LIVE updates from the hearing here. 

There can be four possible scenarios vis-à-vis the judgment given today.

First, the ICJ can rule in India’s favour, annulling the conviction and sentence given to Jadhav by the Pakistani military court. In that case, Pakistan will have to immediately release Jadhav and facilitate his safe travel to India.

Second, the ICJ rules in Pakistan’s favour, validating the due process followed by their military courts. This means that the court has expressed no objection in his execution (death sentence).

Third, India is granted consular access. In this case, India gets the rights to visit Jadhav in Pakistan and ensure his safety in the cell.

Fourth, the ICJ declares that Jadhav be tried in a civilian court. In this case, India can appoint a legal representative for him and the case will ensue in Pakistan.

It is important to note here that the judgments of the ICJ in case of disputes between two states are binding upon the parties concerned. Besides, judgments are final and without appeal.

In the case there is a dispute over the scope of the judgment, the only possibility is for either parties to request the court for an interpretation.

In the event of the discovery of a fact hitherto unknown to the court which might be a decisive factor, either party may apply for revision of the judgment.

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