India didn’t win’: How Pakistan media reacted to ICJ order on Jadhav

Agencies/New Delhi
May 20, 2017 0 Comments NATIONAL 72 Views
India didn’t win’: How Pakistan media reacted to ICJ order on Jadhav

Pakistani media reacted strongly to the International Court of Justice order on Friday staying the execution of Kulbhushan Jadhav, an Indian man accused of spying in Pakistan.
While India celebrated the court’s Thursday order as a diplomatic win, Pakistani media heavily criticised their government’s handling of the case. Most of the reportage focused on the flaws in Pakistan’s legal strategy, while quoting experts who pointed out that the case was not yet closed.
ICJ has no jurisdiction to hear Jadhav case, says Pakistan’s Foreign Office, reports The Nation.
The report goes on to quote foreign office spokesperson Nafees Zakaria, who says that Pakistan has submitted its reply to the ICJ under Article 36 of the United Nations Charter.
“In some issues, Pakistan does recognise the jurisdiction of the ICJ. Jadhav’s case is related to Pakistan’s security. India is just twisting the facts and trying to give this case a humanitarian angle…India is trying to defend a person whose actions have led to the killing of scores of innocent Pakistanis,” says Zakaria.
India didn’t win, Pakistan didn’t fail, reiterates a piece by international lawyer Taimur Malik in leading English-language daily, Dawn. “The decision only relates to India’s request for provisional measures (which, by the way, doesn’t even include a request for granting consular access to Jadhav).”
Malik points out that there has been no decision by the ICJ regarding Jadhav’s death penalty. “In fact, this point is not even under consideration and does not fall within the ICJ’s jurisdiction,” he writes.
He also mounts a defence of the legal team arguing the case, who have come under fire from all sides. “They, and others supporting them, did not have the benefit of time available to the Indian team while preparing their arguments and performed well under a tight deadline.”
Another analysis on Dawn’s website quotes various experts who are of the view that Pakistan should never have accepted the ICJ’s jurisdiction in the case. The story quotes former Pakistan Bar Council Vice Chairman Dr Farogh Naseem, saying, “Why did Pakistan not take the glaring and brutal human rights violations in India-held Kashmir before the court, despite the fact that Islamabad had a strong case in this regard, he asked, then answered his own question, saying that India had not conceded to the court’s compulsory jurisdiction in this matter.”
Legal experts blame FO for ‘poor’ case handling, reads the headline of a piece on the Tribune’s site. The story quotes an anonymous senior lawyer as saying, “If Indians could show reservations over the ICJ jurisdiction on Kashmir, Pakistan might also adopt the same approach in the matter related to the trial of terrorists by civilian and military courts,” he said.
The piece goes on to point out flaws in Pakistan’s legal strategy, saying that the success rate of Pakistan in international arbitration cases was 2% while India’s success rate was 60%.
“A senior official revealed to The Express Tribune that India has been successful in managing the ICJ’s registrar office, which has vast power to fix cases before the court. “We were very surprised how swiftly Jadhav’s case was fixed before the ICJ,” he said.

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