ICJ cannot nullify Jadhav’s death sentence: Pakistan

Pakistan said on Saturday that its domestic laws will prevail in the case of Kulbhushan Jadhav, the former Indian Navy officer given capital punishment by a military court, and the International Court of Justice (ICJ) cannot nullify his death sentence.

Sartaj Aziz, the adviser on foreign policy to Prime Minister Nawaz Sharif, said the ICJ had not given any ruling on providing consular access to Jadhav, he said while addressing a news conference along with foreign secretary Tehmina Janjua.

On Thursday, the UN’s highest legal body ordered Pakistan to stay the execution of Jadhav until it gives its final decision on India’s petition to annul his death sentence. The ICJ rejected Pakistan’s argument that it had no jurisdiction in the matter and acknowledged the urgency of Jadhav’s case.

Aziz noted that Europe was opposed to the death penalty and it was normal for the ICJ to stay Jadhav’s execution. He said the ICJ had a tradition of ruling against death penalty. “But they cannot nullify our sentence,” he said, adding Jadhav’s case would be handled according to Pakistani law.

Jadhav was sentenced under the law of the land and he had accepted his role in “terrorist activities” in the country, Aziz said. Pakistan has evidence and Jadhav’s “confession” and more details will be presented at the ICJ, he said.

Aziz acknowledged that Pakistan had little time to prepare its case before the hearing at the ICJ on May 15. “We were given only five days to nominate an ad hoc judge, which was not possible,” he said, adding the lawyer selected to represent Pakistan — London-based Khawar Qureshi — was the consensus choice of all stakeholders.

The Pakistani team has enough evidence to present against Jadhav, Aziz said.

ICJ is not an appeal court that it can set aside the conviction or make some change — Sartaj Aziz, Adviser to Pak PM