List of Contents
What is the News?
Pakistan’s Parliament has passed the International Court of Justice (Review and Reconsideration) Bill of 2020.
About the International Court of Justice (Review and Reconsideration) Bill of 2020:
- The bill provides the right of appeal to death-row prisoner Kulbhushan Jadhav against the death sentence.
- The bill was passed after the International Court of Justice(ICJ) in its verdict had asked Pakistan to provide a credible review opportunity to Jadhav.
What was the issue?
- Kulbhushan Jadhav is an Indian National. He was arrested in 2016 by Pakistan on charges of spying and sentenced to death in 2017.
- India has rejected the charges leveled against the navy officer. Further, it said that he was kidnapped by Pakistani operatives from the Iranian port of Chabahar where he was running a business.
- He was sentenced to death by the Pakistani Military Court.
- Hence, India approached the ICJ against Pakistan for denial of consular access to Jadhav and challenging the death sentence.
- In 2019, the ICJ had ruled that Pakistan must undertake an effective review and reconsideration of the conviction and sentence of Jadhav and also to grant consular access to India without further delay.
What would have happened if Pakistan had not passed this bill?
- If Pakistan had not passed this bill, India would have gone to the UNSC and could have moved contempt proceedings against Pakistan in the ICJ.
Are decisions of the ICJ binding?
- Judgments delivered by the ICJ in disputes between States are binding upon the parties concerned.
- Moreover, the judgements are final and without appeal. If there is a dispute about the meaning of a judgment, the only possibility is for one of the parties to make a request to the Court for an interpretation.
- As regards advisory opinions, it is usually for the United Nations organs and specialized agencies requesting them to give effect to them or not.