Pakistan on Monday rejected India’s attempts to invoke the jurisdiction of the International Court of Justice (ICJ) to save the life of alleged spy Kulbushan Jadhav, saying provisions of the Vienna Convention did not apply on spies, terrorists and those who indulge in espionage.
Rebutting India’s case before the ICJ, Counsel Khawar Qureshi asserted that this forum is not a criminal court of appeal nor does it exercise criminal jurisdiction.
“India’s plea for invoking provisions of Article 36 of the Vienna Convention is not relevant in this case. The Vienna Convention was adopted for better communication between friendly countries. But it cannot apply in this case of a spy set up by a state.
“It is clear from the Vienna Convention that the provision being sought under Article 36 by India cannot be entertained by this court,” Qureshi said in his 45-minute reply to arguments put forth by Indian counsel Harish Salve earlier.
At the end of the Pakistani argument, ICJ President Ronny Abraham announced that the court would give its verdict in the case “as soon as possible”.
The date will be delivered at a public sitting, Abraham said.
At the outset, Qureshi said India was invoking the jurisdiction of the court for “political theatre” and described as “bizzare” the description of Jadhav’s trial as a kangaroo court.
Dismissing India’s contention that it invoked the jurisdiction of the court because of the “imminent” possibility of execution of Jadhav, Qureshi said the court was bound to settle disputes between countries peacefully and not waste time on issues sought to be raised for political purpose.
In this regard, he cited the possibility of clemency which was mentioned by Pakistan Foreign Advisor Sartaj Aziz.