World Justice Day 2022: A look at cases India fought in International Court of Justice
World Justice Day 2022: This day is a reminder that all nations around the world should remain committed to justice. The day is celebrated to make sure the world maintains its continued support for the international justice system.
World Justice Day 2022: The World Day of International justice is observed on July 17 of every year to mark the importance of the international justice system and to strengthen it. The day commemorates the historic adoption of the Rome Statute on 17 July 1998 and marks the importance of continuing the fight against impunity and bringing justice to the victims of war crimes, crimes against humanity, and genocide. This day is a reminder that all nations around the world should remain committed to justice. The day is celebrated to make sure the world maintains its continued support for the international justice system. Coalition members all over the world hold celebrations to embrace this day in solidarity with victims of grave crimes everywhere.
Let's take a look at four cases in which India fought in the International Court of Justice.
Kulbhushan Jadav (India vs Pakistan)
On 8 May 2017, India filed an Application instituting proceedings against Pakistan in respect of a dispute concerning alleged violations of the Vienna Convention on Consular Relations of 24 April 1963 “in the matter of the detention and trial of an Indian national, Kulbhushan Sudhir Jadhav”, who had been sentenced to death by a military court in Pakistan in April 2017. India claimed that Pakistan had failed to inform it, without delay, of the arrest and detention of its national.
Decision: With regard to India’s contention that it was entitled to restitution in integrum, its request for the Court to annul the decision of the military court and restrain Pakistan from giving effect to the sentence or conviction, and its further request for the Court to direct Pakistan to take steps to annul the decision of the military court, release Jadhav and facilitate his safe passage to India, the Court found that the submissions made by India could not be upheld. The Court also found, however, that Pakistan was under an obligation to provide, by means of its own choosing, an effective review and reconsideration of the conviction and sentence of Jadhav, so as to ensure that full weight was given to the effect of the violation of the rights set forth in Article 36 of the Vienna Convention.
India vs Pakistan (Aerial Incident of 10 August 1999)
On 21 September 1999, Pakistan filed an Application instituting proceedings against the Republic of India in respect of a dispute concerning the destruction, on 10 August 1999, of a Pakistani aircraft. By letter of 2 November 1999, the Agent of India notified the Court that his Government wished to submit preliminary objections to the jurisdiction of the Court, which were set out in an appended note.
On 19 November 1999, the Court decided that the written pleadings would first address the question of the jurisdiction of the Court and fixed time limits for the filing of the Memorial of Pakistan and the Counter-Memorial of India, which were duly filed within the time limits so prescribed. Public hearings on the question of the jurisdiction of the Court were held from 3 to 6 April 2000.
The court, however, concluded it had no jurisdiction to report on the application filed by Pakistan. The court requested both countries to solve the dispute by peaceful means.
Trial of Pakistani Prisoners of War
Pakistan v. India, 1973
In May 1973, Pakistan instituted proceedings against India concerning 195 Pakistani prisoners of war whom, according to Pakistan, India proposed to hand over to Bangladesh, which was said to intend trying them for acts of genocide and crimes against humanity. India stated that there was no legal basis for the Court’s jurisdiction in the matter and that Pakistan’s Application was without legal effect.
Since Pakistan had also filed a Request for indication of provisional measures, the Court held public sittings to hear observations on this subject; India was not represented at the hearings. In July 1973, Pakistan asked the Court to postpone further consideration of its Request in order to facilitate the negotiations which were due to begin. Before any written pleadings had been filed, Pakistan informed the Court that negotiations had taken place, and requested the Court to record the discontinuance of the proceedings. Accordingly, the case was removed from the List by an Order of 15 December 1973.
Right to passage over territory
India vs Portugal
The Portuguese possessions in India included the two enclaves of Dadra and Nagar-Aveli which, in mid-1954, had passed under an autonomous local administration. Portugal claimed that it had a right of passage to those enclaves and between one enclave and the other to the extent necessary for the exercise of its sovereignty and subject to the regulation and control of India.
It also claimed that, in July 1954, contrary to the practice previously followed, India had prevented it from exercising that right and that situation should be redressed. A first Judgment, delivered on 26 November 1957, related to the jurisdiction of the Court, which had been challenged by India.
The Court rejected four of the preliminary objections raised by India and joined the other two to the merits. In a second Judgment, delivered on 12 April 1960, after rejecting the two remaining preliminary objections, the Court gave its decision on the claims of Portugal, which India maintained were unfounded.
Decision: The Court found that Portugal had in 1954 the right of passage claimed by it but that such right did not extend to armed forces, armed police, arms and ammunition, and that India had not acted contrary to the obligations imposed on it by the existence of that right.
(Source of documents and content: https://www.icj-cij.org/en)
Also Read: Nearly 80% prisoners are undertrials, need to question procedures: CJI