>>WHY INDIA WENT TO ICJ AFTER 46 YEARS

NEW DELHI:

The International Court of Justice (ICJ) late on Tuesday stayed the hanging of Indian national Kulbhushan Jadhav sentenced to death by a Pakistani military court on charges of spying. Here are five things about the ICJ and IndiaPakistan disputes.

AFTER 46 YEARS

This is the first time after 1971 that India has turned to the ICJ, established in 1945 by the United Nations charter, in a dispute with Pakistan.

In 1971, India withdrew Pakistan’s overflight rights after the hijacking of an Indian Airlines flight to Lahore in January.

Pakistan, citing the jurisdiction the International Civil Aviation Organisation, said India could not deny it the overflight as well as landing rights. The court ruled in its favour.

FEAR FOR KULBHUSHAN JADHAV’S LIFE

India moved the ICJ because it feared Pakistan could execute Jadhav without allowing him the legal remedies available to him in that country.

The Indian challenge is primarily based on Pakistan violating Vienna convention on consular relations. India also argued that Pakistan ignored a treaty on consular access.

PAKISTAN’S FIRST MOVE

Before Tuesday, India had taken Pakistan to ICJ once. Pakistan has done it twice. The first time was in 1973. Pakistan wanted to stop the repatriation of 195 of its nationals to Bangladesh from Indian custody after the 1971 war.

THE SECOND MOVE

Pakistan took India to the ICJ in 1999 after its military plane was shot down in Indian air space .

WHY INDIA IS SHY OF ICJ

India does not accept ICJ jurisdiction in: “Disputes with the government of any state which is or has been a member of the Commonwealth of Nations.” But, India believes the ICJ can look into Jadhav’s case as both countries are signatories to the optional protocol of the Vienna convention on consular relations. The protocol says any dispute arising out of the interpretation or application of VCCR shall lie within ICJ’s jurisdiction.