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Jadhav (India v. Pakistan)

Overview of the case

On 8 May 2017, the Republic of India instituted proceedings against the Islamic Republic of Pakistan “for egregious violations of the Vienna Convention on Consular Relations” in the matter of the detention and trial of an Indian national, Mr. Kulbhushan Sudhir Jadhav, sentenced to death by a military court in Pakistan. India stated that, on 23 January 2017, Pakistan had requested assistance in the investigation of Mr. Jadhav’s alleged “involvement in espionage and terrorist activities” in Pakistan and, by a Note Verbale dated 21 March 2017, it had informed India that “consular access [to Mr. Jadhav would] be considered in the light of [the] Indian side’s response to Pakistan’s request for assistance in [the] investigation process”. India claimed that “the linking of assistance in the investigation process to the grant of consular access was by itself a serious violation of the Vienna Convention”.

As basis for the Court’s jurisdiction, the Applicant invoked Article 36, paragraph 1, of the Statute of the Court, by virtue of the operation of Article I of the Optional Protocol to the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes, of 24 April 1963.

Also on 8 May 2017, India filed a Request for the indication of provisional measures, noting that the alleged violation of the Vienna Convention by Pakistan “has prevented India from exercising its rights under the Convention and has deprived the Indian national from the protection accorded under the Convention”. The Applicant claimed that Mr. Jadhav “will be subjected to execution unless the Court indicates provisional measures directing the Government of Pakistan to take all measures necessary to ensure that he is not executed until th[e] Court’s decision on the merits” of the case. India asserted that Mr. Jadhav’s execution “would cause irreparable prejudice to the rights claimed by India”. It also asked the President of the Court to exercise his power under Article 74, paragraph 4, of the Rules of Court. By a letter dated 9 May 2017, the President of the Court, in accordance with the said provision of the Rules, called upon the Pakistani Government, pending the Court’s decision on the Request for the indication of provisional measures, “to act in such a way as will enable any order the Court may make on this Request to have its appropriate effects”.

Following the public hearings on the Request for the indication of provisional measures presented by India, which were held on 15 May 2017, the Court delivered its Order on 18 May 2017. By that Order, the Court indicated provisional measures to the effect that Pakistan should “take all measures at its disposal to ensure that Mr. Jadhav is not executed pending the final decision in these proceedings” and inform the Court of all the measures taken in implementation of the Order.

By an Order dated 13 June 2017, the President of the Court fixed 13 September 2017 and 13 December 2017 as the respective time-limits for the filing of a Memorial by India and a Counter-Memorial by Pakistan. Those pleadings were filed within the time-limit thus fixed.

The Court, having regard to the agreement reached between the Parties, also authorized the submission of a Reply by India and a Rejoinder by Pakistan, fixing 17 April 2018 and 17 July 2018 as the respective time-limits for the filing of those pleadings. The Reply and the Rejoinder were filed within the time-limits thus fixed, and public hearings will be held in the case from 18 to 21 February 2019.


This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings

Written proceedings

Oral proceedings

Verbatim record 2017/5

Public sitting held on Monday 15 May 2017, at 10 a.m., at the Peace Palace, President Abraham presiding, in the Jadhav (India v. Pakistan) case
Procedure(s): Provisional measures
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2017/6

Public sitting held on Monday 15 May 2017, at 3 p.m., at the Peace Palace, President Abraham presiding, in the Jadhav (India v. Pakistan) case
Procedure(s): Provisional measures
Available in:
Original Language
Translation
(bilingual version) Translation

Verbatim record 2019/1

Public sitting held on Monday 18 February 2019, at 10 a.m., at the Peace Palace, President Yusuf presiding, in the Jadhav case (India v. Pakistan)
Available in:
Original Language

Verbatim record 2019/2

Public sitting held on Tuesday 19 February 2019, at 10 a.m., at the Peace Palace, President Yusuf presiding, in the Jadhav case (India v. Pakistan)
Available in:
Original Language

Verbatim record 2019/3

Public sitting held on Wednesday 20 February 2019, at 3 p.m., at the Peace Palace, President Yusuf presiding, in the Jadhav case (India v. Pakistan)
Available in:
Original Language

Verbatim record 2019/4

Public sitting held on Thursday 21 February 2019, at 4:30 p.m., at the Peace Palace, President Yusuf presiding, in the Jadhav case (India v. Pakistan)
Available in:
Original Language

Orders

Order of 13 June 2017

Fixing of time-limits: Memorial and Counter-Memorial
Available in:
English French Bilingual

Order of 17 January 2018

Fixing of time-limits: Reply and Rejoinder
Available in:
English French Bilingual

Judgments

Summaries of Judgments and Orders

Summary 2019/4

Summary of the Judgment of 17 July 2019
Available in:
English French

Press releases

Press release 2017/16

9 May 2017
The Republic of India institutes proceedings against the Islamic Republic of Pakistan and requests the Court to indicate provisional measures
Available in:
English French

Press release 2017/17

10 May 2017
Proceedings instituted by the Republic of India against the Islamic Republic of Pakistan - Urgent Communication to Pakistan from the President under Article 74, paragraph 4, of the Rules of Court
Available in:
English French

Press release 2017/18

10 May 2017
Proceedings instituted by the Republic of India against the Islamic Republic of Pakistan - Request for the indication of provisional measures - The Court to hold public hearings on Monday 15 May 2017
Available in:
English French

Press release 2017/20

15 May 2017
Jadhav (India v. Pakistan) - Conclusion of the public hearings on the request for the indication of provisional measures submitted by India - The Court to begin its deliberation
Available in:
English French

Press release 2017/21

17 May 2017
Jadhav (India v. Pakistan) - Request for the indication of provisional measures - The Court to deliver its Order tomorrow on Thursday 18 May 2017
Available in:
English French

Press release 2017/22

18 May 2017
Jadhav (India v. Pakistan) - Provisional Measures - The Court indicates to the Islamic Republic of Pakistan that it must take “all measures at its disposal” to prevent the execution of an Indian national, Mr. Kulbhushan Sudhir Jadhav, pending final judgment of the Court
Available in:
English French

Press release 2017/25

16 June 2017
Jadhav (India v. Pakistan) - Fixing of time-limits for the filing of the initial pleadings
Available in:
English French

Press release 2018/4

19 January 2018
Jadhav (India v. Pakistan) - The Court authorizes the submission of a Reply by India and a Rejoinder by Pakistan and fixes the time-limits for the filing of these written pleadings
Available in:
English French

Press release 2018/51

3 October 2018
Jadhav (India v. Pakistan) - The Court to hold public hearings from Monday 18 to Thursday 21 February 2019
Available in:
English French

Press release 2019/8

21 February 2019
Jadhav case (India v. Pakistan) - Conclusion of the public hearings - The Court to begin its deliberation
Available in:
English French

Press release 2019/30

4 July 2019
Jadhav case (India v. Pakistan) - The Court to deliver its Judgment on Wednesday 17 July 2019 at 3 p.m.
Available in:
English French

Press release 2019/31

17 July 2019
Jadhav case (India v. Pakistan) - The Court finds that the Islamic Republic of Pakistan, in the matter of the detention and trial of an Indian national, Mr. Kulbhushan Sudhir Jadhav, has acted in breach of the obligations incumbent on it under Article 36 of the Vienna Convention on Consular Relations
Available in:
English French

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