Kulbhushan Jadhav Case: India Cited Three Instances at the ICJ in India's Favour

 15 May 2017 ( News Bureau )
POSTER

India cited three instances at the International Court of Justice (ICJ), at The Hague, to boost its own case seeking suspension of Kulbhushan Jadhav's death sentence.

Presenting its arguments against Pakistan for violating the Vienna convention and denying consular access to Jadhav, senior lawyer Harish Salve cited the examples of ICJ rulings in cases pertaining to Mexico, Nicaragua and Germany.

We tell you what these three cases are and how the International Court of Justice ruled in these cases:

1) Mexico versus United States of America, commonly called the Avena case (March 2004)

In its judgment, the International Court of Justice (ICJ) found that the United States had breached its obligations under the Vienna Convention on Consular Relations. The ICJ found that the United States was not allowing legal representation from Mexico to meet the latter's citizens, who were arrested and imprisoned for crimes in the United States.

Mexico had accused the United States of sentencing 54 Mexican nationals to death without allowing Mexico to exercise necessary legal options.

The ICJ had ruled that by "not notifying the appropriate Mexican consular post without delay of the detention of the 49 Mexican nationals", Mexico had been denied its right to "render assistance provided for by the Vienna Convention to the individuals concerned".

The United States was asked by the International Court of Justice to review and reconsider the convictions of Mexican nationals.

2) Nicaragua versus the United States of America (June 1986)

The International Court of Justice ruled in favour of Nicaragua which had accused the US of directing military and paramilitary actions against Nicaragua.

The ICJ ruled that United States of America "by training, arming, equipping, financing and supplying the contra (right-wing militant groups) forces or otherwise encouraging, supporting and aiding military and paramilitary activities in and against Nicaragua, has acted, against the Republic of Nicaragua, in breach of its obligation under customary international law not to intervene in the affairs of another State".

The court also found that US had breached its international obligations by causing certain attacks in Nicaragua in 1983-1984.

3) Germany versus Italy or the Jurisdictional Immunities of the State case (February 2012)

Germany argued that Italy had failed to respect its jurisdictional immunity by allowing civil claims to be brought against it in Italian courts for Nazi-era war crimes.

Germany also accused Italy of breaching its jurisdictional immunity by declaring that the decisions of Greek civil courts against Germany can be enforced in Italy.

The ICJ found that Italy could not ignore German immunity and ruled that the decisions of Italian courts infringing the German immunity have to rendered void.

(Source: Wikipedia, International Court of Justice)

 

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