What went wrong at The Hague

Muhammad Majid Bashir, a Pakistani lawyer and former judge,  and Shah Nawaz Mohal, have written for Pakistan Today about what went wrong in Pakistan's presentation to the International Court of Justice in response to India's request for provisional measures in the Jadhav case. Excerpt:

Mere reading of the judgment reflects that Pakistan entered in this war without any preparation and legal tools. The lawyer took less time to conclude his arguments and has lost more than 45 precious minutes in ICJ, which is itself making a world record. More importantly, Pakistan has not availed procedural benefits of nominating an ad hoc judge in the panel of ICJ. 

Unfortunately, Pakistan hurriedly aired in the opening session of court proceedings (at preliminary arguments stage) the time frame work of execution of Mr Yadhav, without giving the details of hierarchy of right of appeal in Pakistan, as provided in the military court/laws and inter alia other existing provisions of domestic laws related to appeals in such cases. The legal team of Pakistan could not build this famous narrative before ICJ relating to the status of Mr Yadhav — first as enemy of state and second as spy of enemy state and thirdly that he is involved in waging of war against Pakistan in the light of his confessional statements. In our arguments before ICJ, we have also missed to link Mr Yadhav’s presence in Baluchistan, collaborating the statements and threats of Indian national security advisors to Pakistan on print and electronic media before the arrest of Commander Yadhav from Baluchistan. Where he said that India had planned to disintegrate Baluchistan from Pakistan. He further disclosed that India had planned to create unrest in other provinces of Pakistan as well. He had also openly discussed the waging of war strategy of India against Pakistan in Baluchistan as the pilot project. These points can exclude the ICJ jurisdiction, and Pakistan can exceptionally perform well to convince ICJ that Pakistan is in war like situation and Commander Yadhav’s activities in Baluchistan are integral part of Indian conspiracy to attempt war or abetting waging of war against Pakistan.