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Showing posts from May, 2017

A Law, or not?

That International Law was created to bind civilized states is now an acceptable principle, for the realm it covers is the conduct of states with respect to each other in their interrelations. But what is a state? When is an entity fit to be considered a state? Is it necessary for other states to recognize a state for it to be one? How many recognizing states are enough to make an entity a state? These questions strike at the very root of international law. It doesn’t help that divergent practices tend to colour our minds – while on the one hand, Andorra, Lichtenstein and Monaco are all deemed states, while Kosovo, Palestine and Scotland are not considered thus. It is hard to answer this – especially because of the role of vested interests and politics, two factors that obliterate the notion of anarchy and level-playing-fields in international relations. International Law has often been brought into question – especially as to whether it is a law or not. No matter what arguments maybe a…

International Court of Justice Order on Application for Provisional Measures- India vs Pakistan (Jhadav case)

The Order in the India vs Pakistan (Jadhav case) was be announced in open court by the Hon'ble President of the ICJ Ronny Abraham of France at 3:30 PM IST. 
Summary of Order: Existence of 2008 bilateral agreement immaterial for ICJ jurisdiction. The plausibility of execution proven by India. The link exists between provisional measures sought and violation of rights claimed by India. Indicated to the Islamic Republic of Pakistan to take all measures to not execute Kulbhusan Jadhav. 


Read Order in pdf HERE
Read summary of Oral Arguments HERE

International Court of Justice Press Release on Application for Provisional Measures- India vs Pakistan (Jhadav case)

The Order in the India vs Pakistan (Jadhav case) was be announced in open court by the Hon'ble President of the ICJ Ronny Abraham of France at 3:30 PM IST. Subsequently, the following Press Release No. 2017/22 was released by the ICJ. 

Summary of Order: Existence of 2008 bilateral agreement immaterial for ICJ jurisdiction. The plausibility of execution proven by India. The link exists between provisional measures sought and violation of rights claimed by India. Indicated to the Islamic Republic of Pakistan to take all measures to not execute Kulbhusan Jadhav. 









Get pdf of the Press Release HERE

Summary of Oral Arguments for Provisional Measures in India vs Pakistan (Jadhav Case)

History of the matter:

According to the Pakistani government, on 3 March 2016, Mr. Kulbhusan Jadhav was arrested inside Balochistan during a counter-intelligence raid conducted by Pakistani security forces. He was arrested in Mashkel near the border region of Chaman, having made illegal entry into Pakistan via Iran. Pakistani security forces reported that Yadav was a serving officer in the Indian Navy and asserted that he was commissioned to the Research and Analysis Wing, India's external intelligence agency. They accused him of being a spy and being involved in subversive activities in Balochistan and Karachi. Jadhav was later shifted to Islamabad for interrogation. Jadhav served with their navy but at the same time denied that he was an agent for an intelligence agency. Indian Ministry of External Affairs communicated that Jadhav took premature retirement from the navy and the government had no link since his retirement from the Indian Navy. India expounded that Pakistan had fab…

India vs Pakistan (Jadhav Case) - Verbatim Records of Oral Submissions on Provisional Measures.

Verbatim records of Public sitting held on Monday 15 May 2017 at the Peace Palace, President Abraham presiding, in the Jadhav Case (India v. Pakistan)



Arguments advanced on behalf of India: HERE


Arguments advanced on behalf of Pakistan: HERE



ICJ Press Release No 2017/20 : Kulbhushan Jhadav Case (India vs Pakistan) - Conclusion of Provisional Measure Hearing.

Press Release No 2017/20 by ICJ following conclusion of the public hearings on the request for the indication of provisional measures submitted by India






Download Press Release HERE


Official verbatim to be published shortly. 

Case Concerning Vienna Convention on Consular Relations- India vs Pakistan (Kulbhushan Jhadav)

On 8th May 2017, Sri Deepak Mital, Joint Secretary, Ministry of External Affairs, on behalf of the Republic of India had filed its application for Provisional Measures in the matter of Kulbhusan Jhadav under Article 41 of ICJ.


Read the detailed application below.



The arguments for Provisional measures were held on 15th of May, 2017 and can be watched live here In case the embedded document is glitched you can also access the application HERE

India vs Pakistan argument on Provisional Measures with Respect to the Matter of Kulbhushan Jadhav

According to the Pakistani government, on 3 March 2016,  Mr. Kulbhusan Yadav was arrested inside Balochistan during a counter-intelligence raid conducted by Pakistani security forces. He was arrested in Mashkel near the border region of Chaman, having made illegal entry into Pakistan via Iran. Pakistani security forces reported that Yadav was a serving officer in the Indian Navy and asserted that he was commissioned to the Research and Analysis Wing, India's external intelligence agency. They accused him of being a spy and being involved in subversive activities in Balochistan and Karachi. Yadav was later shifted to Islamabad for interrogation. Yadav served with their navy but at the same time denied that he was an agent for an intelligence agency. Indian Ministry of External Affairs communicated that Yadav took premature retirement from the navy and the government had no link since his retirement from the Indian Navy. India expounded that Pakistan had fabricated the documents wit…

Possible Effect of Granting ISIS The Status Of a Privileged Belligerent

Recent times have been a testimony to the capacity of human beings to think up new ways to kill one another -beheading of American journalists James Foley, Steven Sotlof and many others, “truck terrorism”, destruction of cultural heritage sites, accusations of ethnic cleansing in Iraq and the shocking “how to” guides in Rumiyyah magazine has instilled in the hearts of people a fear that grows because of a highly extremist ideology of the group that perpetrates such terror. The Islamic State of Syria and Iraq, more commonly known as ISIS or the Arabic word “Daesh” has gained prominence in the last 6 years although they have been around for a long time. This was the group whose ideology was too extreme for even Al Qaeda, whom they broke out off.


ISIS, by its very name, suggests that it has a stronghold over a significant part of the territory and people in large parts of Syria and Iraq. They have claimed themselves to be the worldwide caliphate and as such proclaim that they have politi…

India's Application Before The International Court of Justice Against Pakistan With Ref to Arrest & Detention of Kulbhushan Jadhav

According to the Pakistani government, on 3 March 2016,  Mr. Kulbhusan Jadhav was arrested inside Balochistan during a counter-intelligence raid conducted by Pakistani security forces. He was arrested in Mashkel near the border region of Chaman, having made illegal entry into Pakistan via Iran. Pakistani security forces reported that Jadhav was a serving officer in the Indian Navy and asserted that he was commissioned to the Research and Analysis Wing, India's external intelligence agency. They accused him of being a spy and being involved in subversive activities in Balochistan and Karachi. Jadhav was later shifted to Islamabad for interrogation. Jadhav served with their navy but at the same time denied that he was an agent for an intelligence agency. Indian Ministry of External Affairs communicated that Jadhav took premature retirement from the navy and the government had no link since his retirement from the Indian Navy. India expounded that Pakistan had fabricated the documen…

Where Does Article 38 Stand Today?

A nineteenth century postulate of positivism suggested that a sovereign could limit his authority to act by consenting to an agreement (as per the principle ofpacta sunt servanda) and that treaties bind only those privy to them (as per the principle ofpacta tertiis nec nosunt, nec prosunt). This positivist, consensual view of international law remains preserved in Article 38 of the 1946 Statute of the International Court of Justice (ICJ), which is the definitive statement on the sources of international law. This article will discuss the relevance of Article 38 today and highlight some of its weaknesses and points for improvement.  According to Article 38, the ICJ is required to apply, among other things, international conventions (that are expressly recognized by the contesting states), international custom, (as evidence of a general practice accepted as law), general principles of law, judicial decisions, and juristic writings as means for the determination of rules of law.[1]Clause …