Thread by @AmberMDarr

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

2. The International Court of Justice has found Pakistan to be in breach of its obligations incumbent under Article 36 of the Vienna Convention on Consular Relations. In doing so, the Court has FULLY upheld India's contention against Pakistan in this regard. #Jadhav #ICJ

3. Pakistan had filed objections to the admissibility of India's case before ICJ. The Court REJECTED Pakistan's contention 15:1 and admitted India’s application. The one judge who spoke for Pakistan, was its own appointee to the Court: Justice Jilani. #Jadhav #ICJ

4. ICJ finds 15:1 that Pakistan has breached its obligations under the Vienna Convention on Consular Relations on at least three counts: #Jadhav #ICJ

5. (a) By failing to inform Jadhav without delay of his rights under the Convention (b) By failing to notify an appropriate consular post of India about Jadhav’s detention (c) By depriving India of its right to communicate with and have access to Jadhav #Jadhav #ICJ

6. The ICJ has found 15:1 that Pakistan MUST (a) Inform Jadhav of his rights and provide Indian consular officers access to him; (b) Review and reconsider Jadhav’s conviction and sentence to redress the violation of his rights; (c) Stay his execution. #Jadhav #ICJ

The only leeway allowed to Pakistan is to choose its own mechanism for reviewing and reconsidering Jadhav's sentence. Here too the ICJ clarifies that this is a critical obligation which Pakistan MUST perform UNCONDITIONALLY. #Jadhav #ICJ

Consequently, Pakistan is required to TAKE ALL measures to provide for effective review and reconsideration, including, if necessary, by enacting appropriate legislation. #Jadhav #ICJ

This is NOT a win by a long shot. Pakistani's claiming a win are finding comfort in the fine print. The decision finds Pakistan squarely in breach of International law, and places an onerous burden upon it to discharge its international legal obligation. #Jadhav #ICJ

I am amused to note that Pakistani media is conveniently ignoring the fact that Pakistan lost the case on every single legal point that it had raised. This is an abject failure of its legal team. Portraying it any other way is patently false. #Jadhav #ICJ

And now I am off to read the entire judgment. More to follow! #Jadhav #ICJ

A critical fact about court decisions: courts decide according to what the Plaintiff's ask for (Plaintiff=India in the Jadhav case). #Jadhav #ICJ

Filing the case on 8 May 2017, India had sought the following relief:
(a) that death sentence given to Jadhav be immediately suspended
(b) and death sentence given by Pakistani military courts be declared violative of the Vienna Convention on Consular relations. #Jadhav #ICJ

India also asked ICJ to:
(a) restrain Pakistan from carrying out execution and to annul it UNDER LAW AVAILABLE IN PAKISTAN. If (b) IF Pakistan is unable to annul the setence, then to release Jadhav to India #Jadhav #ICJ

ICJ has accepted each and every one of India's contentions and prayers. The only thing Pakistan can claim VICTORY over, is that it has not been asked to release Jadhav. NOTE that India only asked for that IN THE ALTERNATIVE. #Jadhav #ICJ

This means that India asked for Jadhav's relief ONLY IF Pakistan fails to annul the sentence. The ICJ has provided strict guidelines for Pakistan to reconsider the sentence IN ACCORDANCE WITH HIS HUMAN AND CONSULAR RIGHTS. #Jadhav #ICJ

In subsequent documents filed before courts, India emphasised the prayer for Jadhav's release to India. All the time also saying that if he cannot be released he should be re-tried in Pakistan #Jadhav #ICJ

The ICJ has very clearly ordered a retrial in Pakistan while clearly also maintaining that Pakistan has been in breach of International Law in the way it went about sentencing him. #Jadhav #ICJ

A mistake in the thread: ICJ has asked Pakistan to ‘review and reconsider’ the Jadhav order, not to retry him. The review and reconsideration must be in accordance with law, which means after giving him full consular access and legal representation of his choice. #Jadhav #ICJ

The word ‘retrial’ has not been used but the direction to review and reconsider is wide enough to make the court open up all issues, procedural and substantive. Pakistan is directed to give full effect to ICJ’s order. #Jadhav #ICJ