Discover and read the best of Twitter Threads about #jadhav
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An overview (w/some preliminary observations) of the new #ICJ case by #Armenia against #Azerbaijan based on alleged violations of the Convention on the Elimination of All Forms of Racial Discrimination (#CERD). This is the fourth CERD-based case at the ICJ since 2008. 1/20
#Armenia alleges that #Azerbaijan has subjected individuals of Armenian ethnic/national origin to racial discrimination for decades and fosters hatred towards Armenians as a matter of state policy. (Both parties acceded to the CERD in the 1990s.) 2/20
Armenia further alleges systemic discrimination, mass killings, and torture directed at ethnic Armenians by Azerbaijan, and specifically alleges grave CERD violations during the 2020 armed conflict re #NagarnoKarabakh 3/20
1. Have finally read judgment in #Jadhav case. The judgment does NOT find that Jadhav was a spy. Equally it does NOT direct Pakistan to return Jadhav to India asap. However, #ICJ does find Pakistan in breach of its obligations under the Vienna Convention. More highlights follow:
1. I have been intrigued all day by claims by Pakistan that it had 'won' the Jadhav case. Even a cursory read of the press release suggests otherwise. Let me recap: #Jadhav #ICJ
1. Tomorrow, the International Court of Justice will give its decision in the #Jadhav case
Amidst all the noise about this case, it’s important to remember the key question before the Court:
Did Pakistan violate Art. 36(1) of the VCCR by denying consular access to Jadhav?
Amidst all the noise about this case, it’s important to remember the key question before the Court:
Did Pakistan violate Art. 36(1) of the VCCR by denying consular access to Jadhav?
2. Pakistan claims Art. 36(1) of VCCR is not applicable to spies or “terrorists” due to the inherent nature of the offences of espionage and terrorism
Can such an exception be read into the VCCR? This is the key issue the ICJ will have to decide
Can such an exception be read into the VCCR? This is the key issue the ICJ will have to decide
3. Pakistan also relies on a 2008 bilateral treaty with India, which says in cases of “arrest...made on...security grounds, each side may examine the case on its merits”
PK says this agreement overrides obligations under VCCR. Does it? This is the second legal issue in the case
PK says this agreement overrides obligations under VCCR. Does it? This is the second legal issue in the case
Some key facts about the #Jadhav case before ICJ:
1. Pakistan acceded to the Optional Protocol to the Vienna Convention on Consular Relations in 1976
The OP gives ICJ jurisdiction over disputes that arise from the treaty
This is different from the ICJ’s generic jurisdiction
1. Pakistan acceded to the Optional Protocol to the Vienna Convention on Consular Relations in 1976
The OP gives ICJ jurisdiction over disputes that arise from the treaty
This is different from the ICJ’s generic jurisdiction
2. Art. 36(1), VCCR says foreign nationals arrested/detained in another country have the right to meet their consular officials
India claims its requests for consular access to Jadhav were repeatedly denied by Pakistan, which means Pakistan breached Art. 36 of VCCR
India claims its requests for consular access to Jadhav were repeatedly denied by Pakistan, which means Pakistan breached Art. 36 of VCCR
3. PK claims Art. 36(1) of VCCR not applicable to spies or “terrorists” due to the nature of the offences of espionage and terrorism - which means PK didn’t breach the treaty by refusing consular access to #Jadhav
This is the key legal issue in the case ICJ will have to decide
This is the key legal issue in the case ICJ will have to decide
BREAKING: #ICJ indicates provisional measures against
#Pakistan in #Jadhav. Pakistan not to carry out death sentence while ICJ hears case.
#Pakistan in #Jadhav. Pakistan not to carry out death sentence while ICJ hears case.
#ICJ decision specifically notes #Pakistan failed to offer assurance that #Jadhav wouldn't be executed before Court rules on #India's claims
The Court's unsurprising decision today in #Jadhav was unanimous. #ICJ #India #Pakistan #deathpenalty
Very fast response from the ICJ in #Jadhav case on India's provisional measures request.
It seems highly likely that #ICJ will grant provisional relief directing #Pakistan not to proceed with execution while ICJ case is pending.
Granting such interim relief to #India would be entirely without prejudice to all of the merits questions raised during Monday's hearing.
1 A few thoughts on yesterday’s provisional measures hearing in the #Jadhav case (#India v #Pakistan) at the #ICJ re consular access rights.
2 Both parties could have better framed their arguments with reference to the specific requirements of the ICJ for provisional measures.
3 Pakistan asked the ICJ to hold merits hearing within 6 weeks. Since execution wouldn’t be carried out before late summer, no need for PMs.
