Kulbhushan Jadhav case: India, Pakistan clash at International Court of Justice today

New Delhi: India and Pakistan on Monday will present their respective positions at the International Court of Justice (ICJ) at the Hague over the issue of the arrest and sentencing to death of former Indian naval officer Kulbhushan Jadhav.

The last time the two subcontinental rivals approached the ICJ was nearly two decades ago when Islamabad sought the ICJ’s intervention over the shooting down of its naval reconnaissance aircraft by the Indian Air Force in Gujarat’s Kutch region on 10 August 1999, killing all 16 naval personnel on board.

India on 8 May moved a petition before the ICJ which is the UN’s principal judicial organ to seek justice for Jadhav, 46, accusing Pakistan of violating the Vienna Convention on Consular Relations by Pakistan after its 16 requests for consular access to the former naval officer were denied.

Prior to approaching the ICJ, India had also handed over to Pakistan an appeal by Jadhav’s mother, initiating a process to get his conviction overturned.

 Indian foreign minister Sushma Swaraj had written to Sartaj Aziz, Pakistan’s foreign affairs advisor to the prime minister, requesting him to issue visas to Jadhav’s family members wishing to meet him. Pakistan didn’t respond to this request too.

The Jadhav case has vitiated the atmospherics between India and Pakistan with ties at a low following a spate of terrorist attacks in 2016.

The last time the two countries were ranged against each other at the ICJ was over the shooting down of Pakistan’s maritime reconnaissance aircraft Atlantique by the Indian Air Force in August 1999.

 Pakistan said the plane was brought down in its air space and sought $60 million in damages from India for the incident. A 16-judge bench of the court on 21 June 2000 voted to dismiss Pakistan’s claim.

The verdict was final and there was no appeal. The ICJ found that it has no jurisdiction to entertain the application filed by Pakistan on 21 September 1999.