CASE COMMENTARY: JADHAV CASE (INDIA V. PAKISTAN), I.C.J. 2019
Author – S.SRINIDHI, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF TECHNICAL AND MEDICAL SCIENCES, CHENNAI.
Best Citation – S.SRINIDHI, CASE COMMENTARY: JADHAV CASE (INDIA V. PAKISTAN), I.C.J. 2019, ILE INTERNATIONAL LAW REVIEW, 1 (1) of 2023, Pg. 12-14, ISBN – 978-81-961120-9-7
The Jadhav case refers to the arrest and subsequent conviction of Indian national Kulbhushan Jadhav by the Pakistani government on charges of espionage and terrorism in 2016. India challenged Pakistan’s handling of the case and the jurisdiction of the military court that sentenced Jadhav to death. The case was taken to the International Court of Justice (ICJ), where India argued that Jadhav was denied consular access and a fair trial. In a unanimous decision in 2019, the ICJ ordered Pakistan to undertake an effective review of Jadhav’s conviction and sentence, and to grant consular access to India. However, the ICJ did not order Pakistan to release Jadhav. The case has strained relations between India and Pakistan, and highlights the complex political and legal dynamics of the region. The status of Jadhav remains a source of diplomatic tension between the two countries.
Keywords: India, Pakistan, Espionage, Sentencing, ICJ, Consular Relations