Prominent commentators have expressed doubts over the ability of the International Court of Justice to enforce its order in the Kulbhushan Jadhav case. The case, which will come up for hearing on May 15, is likely to face a difficult hurdle as Pakistan had on March 29 revised its commitment to the ICJ and has withdrawn all domestic and national security related issues from the jurisdiction of the court.
“Pakistan is a rogue state and India’s concerns are far greater than just the case over Kulbhushan Jadhav. The real issue is that the ICJ may not have the abilities to enforce its final order,” said strategic affairs commentator Brahma Chellany. He went on to say that Pakistan is likely to challenge the ICJ’s jurisdiction over the Jadhav case in view of its March 29 declaration.
In a declaration to the ICJ, days before the announcement of death sentence to Kulbhushan Jadhav, Pakistan had informed the court that issues related to its domestic sphere and national security issues would no longer be part of the ICJ jurisdiction.
“Disputes relating to or connected with any aspect of hostilities, armed conflicts, individual or collective self-defence or the discharge of any functions pursuant to any decision or recommendation of international bodies, the deployment of armed forces abroad, as well as action relating and ancillary thereto in which Pakistan is, has been or may in future be involved,” stated the declaration made by its envoy to the United Nations, Maleeha Lodhi.
The declaration from Pakistan was made even as a military court sentenced Mr Jadhav to death on charges of sabotage and violence against the state of Pakistan. The Ministry of External Affairs said on Wednesday that India moved the ICJ to save the life of Mr Jadhav. However, commentators said that India might win the arguments and yet find it difficult to pin down Pakistan in this case.
