Research Report
Model United Nations Alfrink 2018
Forum: International Court of Justice
Issue:Illegal detention of Kulbushan Jadhav by Pakistan (India vs. Pakistan)
Student Officer:Jadine Kuo, Jim Pardon
Contemporaneity:All ICJ Court rulings on the matter are invalid (but there may be useful information in the ICJ documents), treat this case as if you introduce the case on 15May 2017 (original application date).
Introduction
Kulbhushan Sudhir Jadhav (alias: Hussain Mubarak Patel) is an Indian national being held prisoner in Pakistan and accused of terrorism and espionage for India’s Intelligence service, the Research and Analysis Wing (shortened RAW). K. Jadhav is an officer in India’s navy and, according to the Pakistani government, has been involved in incendiary actions against the Pakistani government. India recognises Jadhav as a former naval officer but states that he is no longer in service of the government and was living in Iran at the time of arrest.
On 3March 2016, Jadhav was arrested during a counter-intelligence operation in Balochistan, Pakistan, close to the Pakistani-Iranian border. One month later, on the 10 April 2016, he was sentenced to death by a ‘Field General Court Martial’ (shortened FGCM) which is part of the Pakistani Judge Advocate General Branch.India has been fighting his execution ever since.
On the 26March, India heard of the arrest of Jadhav and the country sought consular access to its resident but has been ignored by Pakistan ever since. Thirteen reminders have been sent to the Pakistani government but without any response. Almost one year after the first sought consular access, India has decided to approach the International Court of Justice to save its national.The International Court of Justice has put Jadhav’s execution on hold until Pakistan has enough valid evidence that Jadhav was behaving unlawfully.
Definition of key terms
The Research and Analysis wing (RAW):
The RAW is the main external intelligence service in India. It was established after the Sino-Indian and Indo-Pakistani wars in 1968. It gained prominence in the global foreign intelligence scene after the involvement in the creation of Bangladesh in 1971 and Sikkim’s accession to India in 1975. Over the last three decades,the RAW has been accused of spying on the Pakistani government to weaken its power in a number of its provinces.
Judge Advocate General Branch
The Judge Advocate General Branch (shortened JAD branch) is the Court-Martial of the Pakistan armed forces. It consists of senior officers, lawyers, and judges who judgeaccording to military law. The JAD branch rules above the normal civilian court and can therefore not be legally challenged by one. Hearings and other information discussed in the court is often highly classified and only made public when explicitly asked for by, for example, other nations. This, however, can also be denied as is the case with Mr K. Jadhav’s ruling.
General Overview
Ever since the decolonisation of the British Raj, Pakistan and India, now two independent states, have been fighting over many legal issues. The four Indo-Pakistani wars, except the one of 1971, have all been about the territorial conflict of Kashmir and Jammu; a province officially claimed by India but partially ruled by Pakistan. Pakistan claims the part of ‘Free Kashmir’ and India has full rule over the ‘occupied Kashmir’. This conflict is one of the many that have worsened the already tense relationship between the two states.
Both countries have been accused of spying on each other’s ministries and military forces and there is evidence both have done so in the past.
The Islamic Republic of Pakistan has been taken to the International Court of Justice by The Republic of India for violating the Vienna Convention on Diplomatic Relations. According to India, Pakistan does not have enough valid evidence that Jadhav was behaving unlawfully nor has the right to deny consular access to Mr Jadhav. With the date of his execution moving closer, the question remains if Pakistan will acknowledge the court’s pre-ruling of putting the execution on hold.
Major parties involved
The Republic of India (India)
India is a democratic republic in South-west Asia. India is the second largest country according to population size but is relatively poor because of multiple factors such as, but not limited to:
British occupation
From 1858 till 1947 the British crown occupied the Indian subcontinent and used it
to increase their own economic wellbeing and its significance as a world power. Since the departure of the British, India has struggled to develop both politically and
economically and is therefore still a developing country.
The caste system
The Republic of India has one of the strongest class systems in the world. Although the government tries to give every national equal rights and the chanceto achieve equal economic status, many people of the higher classes do not want to give up their wealth and fortune, and so, India is struggling to develop their lower classes and has failed to create a prosperous middle-class.
The ICT and clothing industry are flourishing, however, thanks to the ‘outsourcing’ done by developed countries.
India has healthy relationships with many nations but fails to befriend neighbouring nations such as Pakistan, Bangladesh, and China because of many territorial wars fought.
The Islamic Republic of Pakistan
Pakistan is an Islamic federal parliamentary republic in the south of Asia. It borders India in the south-east and Iran in the west.
Formerly a British colony and part of British India, Pakistan has suffered great economic losses due to slavery and exploitation of its inhabitants.
Pakistan has a very defined Islamic culture, which varies greatly across the nation.
Pakistan upholds good diplomatic relations with nations across the globe and the United Nations, which is very useful in combating the terrorism in its territory, as this is quite a large problem in the nation.
Bibliography
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