Monday, July 27, 2020

Pakistan's leisurely compliance with the ICJ's Jadhav decision

Here's the latest on Pakistan's leisurely compliance with the ICJ's decision in the Jadhav case:
Major opposition parties – the PML-N and the PPP – are likely to oppose an ordinance meant to allow convicted Indian spy Kulbhushan Jadhav to file a review appeal against his conviction [by a military court] despite a request by the PTI led federal government not to politicize the “national security issue”.

The government is expected to table the International Court of Justice (Review and Re-consideration) Ordinance, 2020 in the lower house of parliament on Monday [today]. 
Reema Omer of the International Commission of Jurists has this insightful report on the case and the ordinance at issue. She writes:
There are legitimate concerns about the secret, non-consultative manner in which the Ordinance was passed; whether its provisions meet the requirements of the ICJ judgement; and whether person-specific remedies of the kind proposed by the Ordinance are permitted under Pakistani law. However, it is unfortunate that opposition parties are focusing their criticism on alleged “relief” to Jadhav and “appeasement” of India.

Similarly, instead of acknowledging that Pakistan made a mistake by denying Jadhav consular access promptly after his arrest in accordance with its international obligations and the need to rectify that error, the government too continues to blame past governments for accepting the ICJ’s jurisdiction.

This vi[]c[i]ous cycle of point-scoring must end. It comes at the cost of principles such as the right to a fair trial and creates an environment where even fulfilment of Pakistan’s basic international legal obligations appears as treason. Surely, our political parties are better than that.

No comments:

Post a Comment

Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).