World

Kulbhushan Jadhav Case: India Cited Three Instances at the ICJ in India's Favour

India cited three instances at the International Court of Justice (ICJ), at The Hague, to boost its own case seeking suspension of Kulbhushan Jadhav's death sentence.

Presenting its arguments against Pakistan for violating the Vienna convention and denying consular access to Jadhav, senior lawyer Harish Salve cited the examples of ICJ rulings in cases pertaining to Mexico, Nicaragua and Germany.

We tell you what these three cases are and how the International Court of Justice ruled in these cases:

1) Mexico versus United States of America, commonly called the Avena case (March 2004)

In its judgment, the International Court of Justice (ICJ) found that the United States had breached its obligations under the Vienna Convention on Consular Relations. The ICJ found that the United States was not allowing legal representation from Mexico to meet the latter's citizens, who were arrested and imprisoned for crimes in the United States.

Mexico had accused the United States of sentencing 54 Mexican nationals to death without allowing Mexico to exercise necessary legal options.

The ICJ had ruled that by "not notifying the appropriate Mexican consular post without delay of the detention of the 49 Mexican nationals", Mexico had been denied its right to "render assistance provided for by the Vienna Convention to the individuals concerned".

The United States was asked by the International Court of Justice to review and reconsider the convictions of Mexican nationals.

2) Nicaragua versus the United States of America (June 1986)

The International Court of Justice ruled in favour of Nicaragua which had accused the US of directing military and paramilitary actions against Nicaragua.

The ICJ ruled that United States of America "by training, arming, equipping, financing and supplying the contra (right-wing militant groups) forces or otherwise encouraging, supporting and aiding military and paramilitary activities in and against Nicaragua, has acted, against the Republic of Nicaragua, in breach of its obligation under customary international law not to intervene in the affairs of another State".

The court also found that US had breached its international obligations by causing certain attacks in Nicaragua in 1983-1984.

3) Germany versus Italy or the Jurisdictional Immunities of the State case (February 2012)

Germany argued that Italy had failed to respect its jurisdictional immunity by allowing civil claims to be brought against it in Italian courts for Nazi-era war crimes.

Germany also accused Italy of breaching its jurisdictional immunity by declaring that the decisions of Greek civil courts against Germany can be enforced in Italy.

The ICJ found that Italy could not ignore German immunity and ruled that the decisions of Italian courts infringing the German immunity have to rendered void.

(Source: Wikipedia, International Court of Justice)

Kulbhushan Jadhav Death Sentence Hearing at ICJ

To challenge death penalty handed out to Indian national Kulbhushan Jadhav, India has begin arguments at the International Cout of Justice in The Hague.

The last time two countries locked horns at the ICJ was when Islamabad sought its intervention over the shooting down of its naval aircraft in the Kutch region on August 10, 1999.

ICJ is holding a public hearing today at the Great Hall of Justice housed in the Peace Palace at The Hague in Netherlands where the two countries are presenting their case over the contentious Kulbhushan Jadhav issue.

The ICJ had on May 9 stayed the death sentence to Kulbhushan Jadhav after India had moved a petition before the UN body to seek justice for Kulbhushan Jadhav, 46, alleging violation of the Vienna Convention on Consular Relations by Pakistan after its 16 requests for consular access to the former naval officer was consistently denied.

From India's side a legal team led by former Solicitor General Harish Salve is arguing the case.

Here are the live updates:

2:20 PM: Visa application filed by Jadhav's parents are still pending: Harish Salve

2:09 PM: We got the news of Jadhav's execution from Pak media. Pakistani government did not inform us: Harish Salve

2:09 PM: Jadhav's execution is the breach of human rights: Harish Salve

2:09 PM: India made several requests to Pakistan for consular access which were denied, says Harish Salve.

1:50 PM: Unjust trial by Pakistan's military court is egregious violation of Jadhav's rights. Not giving Jadhav a consular access and the choice of a lawyer is against Vienna Convention.

1:45 PM: India says that Jadhav's execution will cause irreparable damage to rights of India and Jadhav.

1:40 PM: India has a very good case. It is clear Pak violated all rules, both in trial and human rights, says AG Mukul Rohatgi on ICJ hearing.

1:30 PM: Both the countries will get 90 minutes each to make their arguments. India is presenting its side now.

Why Is India Upset from China's 'One Belt One Road'?

In the ancient days, China, and much of East Asia, was connected to the rest of the world through a route that got its name from China’s biggest export - silk. Today, the country is looking to rebuild a route that will connect Asia, Africa and Europe - a new Silk Road.

The One Belt One Road (OBOR) initiative will include roads, railways and ports and seems like a natural step for the world’s biggest trading country. After all, Asian Development Bank has said that the region, which is home to 60 percent of the world’s population, requires over $26 trillion in investment by 2030 to keep economies growing.

But the rest of the world - especially India - isn’t very happy about a project that it sees as not simply an economic initiative but as a means to push political influence and change status quo in some places. Kashmir, for example.

Chinese President Xi Jinping’s baby, the One Belt One Road was announced in 2013. Since then projects have been launched in various countries like Tajikistan, Thailand, Kenya and Vietnam financed by Chinese loans.

While some countries like Pakistan and Afghanistan are keen on OBOR, countries like India and Indonesia are wary because of the shift in status quo that this project could cause in sensitive areas like Kashmir and the South China Sea.

Chinese officials, however, reject the suggestion that the OBOR is a power play.

“The Chinese government has never wished to control any other country’s government,” a Cabinet official, Oi Xiaoli, told The AP. “We feel in contacts between countries, we need to talk about studying benefits, studying mutual profit.”
But Why’s India Worried?

As part of the OBOR, in Pakistan, there is a proposed $1.3 billion effort to expand the Karakoram Highway as part of the China-Pakistan Economic Corridor (CPEC). Now this involves power plants, roads and railways that will span the length of Pakistan and link China’s western region of Xinjiang to the Gwadar port, which was built with Chinese help.

But the CPEC runs through Pakistan-occupied Kashmir.

The establishment of a project with China in the disputed territory gives Pakistan’s occupation of the area a degree of legitimacy. And India’s clear stand on the issue is that Pakistan is illegally occupying Indian territory. Getting on board OBOR or talking to China and Pakistan about CPEC would be problematic for India as it could be seen as conceding ground to Pakistan. It would also involve a third country which goes against India’s stand that this is a bilateral issue which needs to be worked out between the two neighbours.

China held a conference centred around OBOR in Beijing and heads of states, governments and representatives from 29 countries and international organisations were present, including the US, Russia and the IMF. India stayed away from it but the global representation definitely legitimised the initiative.

Vladimir Putin, President, Russia Poverty, social chaos... the development level of countries and regions – all this creates a breeding ground for international terrorism, extremism as well as irregular migration. We shall not be able to live up to these challenges should we fail to overcome the stagnation of the global economic development.

Antonio Guterres, Secretary General, United Nations It is in our shared interest to show that the global economy can serve all the world’s people.

“Peace and development go hand in hand. ‘One Belt, One Road’ signifies that geo-economics must take precedence over geopolitics and that the centre of gravity should shift from conflict to cooperation. We see it as a path for overcoming terrorism and extremism,” said Nawaz Sharif, Prime Minister, Pakistan

Recep Tayyip Erdogan, President, Turkey This is going to be the kind of initiative that will put an end to terrorism.

Henry Paulson, Former Treasury Secretary, United States of America I know the United States has been among those countries apparently most skeptical of the ‘Belt and Road’. Simply put, the more China can demonstrate that the ‘Belt and Road’ initiative is open to outside participation in this way, the more it will be embraced by global and even American firms and suppliers.

Cyber Attack on Many Countries of the World, Ransom Sought

There have been cyber attacks on some organizations in many countries of the world including Europe.

After these cyber attacks the computers stopped working. Many affected organizations have shared screenshots of computers to be locked and asking for bitcoin.

There is news of the RainSamware cyber attacks in Britain, USA, China, Russia, Spain, Italy, Vietnam and many other countries.

Cyber experts are looking at these events together.

A cyber security researcher tweeted that he has detected 36,000 cases of asking for bidcoin in this return. These are made from Vanakrai or its similar names. He said, "It is very big."

The UK's National Health Service (NHS) has been severely affected by the rainsamware.

Hackers have targeted the UK health-related computers.

NHS employees shared screenshots of Vanakrai program.

According to the news agency AP, many hospitals in England say that they are having trouble opening their computers. The computer which has been hacked, is showing a message on opening, which states that if you want to recover the file then you will have to pay the money.

RainSamware is a computer virus that threatens to destroy computer files. It is threatened that if you have to save your files then the fees will be paid.

These viruses encrypt the files and videos present in the computer and can be decrypted only after giving them a ransom.

The particular thing is that the deadline is set to pay the ransom and if the money is not paid on time then the ransom amount increases.

All India Football Federation Website Hacked

The case of the All India Football Federation website being hacked has come out. On that website, hackers posted messages against Kulbhushan Jadhav and India.

It has been written in the post that India is asking Jadhav to return, but Pakistan will send India to its dead body.

Hackers also used to snap a picture of Kulbhushan Jadhav and hanging with the message.

At the moment the website has been fixed.

Explain that the International Court has asked Pakistan to ban Indian prisoner Kulbhushan Jadhav's death sentence. Jadhav has been sentenced to death in Pakistan for charges of espionage and vandalism.

India appealed to the international court against Jadhav's execution.

According to the news late Tuesday night, the International Court of Justice stayed the execution of the Indian citizen Jadhav's execution.

After Hague-based the International Court of Justice (ICJ) told by India that Jadhav, who was doing business after retirement from Navy, was abducted from Iran, CJI has stayed the execution of the sentence awarded to him.

Kulbhushan Jadhav was arrested in March 2016 on charges of espionage. This month he was sentenced to death, which was confirmed by Pakistan's army chief Kamar Javed Bajwa.

Kulbhushan Jadhav is the retired officer of the Indian Navy, but Pakistan accuses him of being a intelligence agent of RAW.

According to reports, on Kulbhushan Jadhav, Pakistan claims that he had come from Iran's border in the Balochistan area by the name of Hussain Mubarak Patel.

Chibok Girl Refused to be Free from the Captivity of Boko Haram

The President of Nigeria has said that Chibok girl, one of the girls who kidnapped by Islamist extremist group Boko Haram, has refused to free herself.

They say that the girl has chosen to stay with her husband instead of being free. This is one of the girls released from Captivity of Boko Haram on Saturday.

Nigerian President Mohammadu Buhari's spokesman Garba Shehu told local TV channels that the girl said, "I am happy where I am. I've got a husband. "

Boko Haram kidnapped 276 girls three years ago from Nigeria's northeast. Boko Haram had kidnapped many more during the uprising in this area.

The government had agreed that they would release some of the Boko Haram members in exchange for them. But there is no information about how many members are to be left.

It is believed that more than a hundred girls are still in captivity of extremists.

There are reports that girls who had been abducted, some of them married to Boko Haram fighters and now their children are also there.

Parents of Chibok girls are gradually being told about their daughters.

Government has posted the names of girls on Twitter, but social media access in Chibok is not to all people.

Garba Shehu says that girls are being identified so that they can be meet with their families at the earliest.

Ayesha Yasufu, convener of the Bringbackourgirls campaign, told the news agency AFP that she is engaged in joining these girls with their parents.

International Court Stops Execution of Kulbhushan

India has approached the International Court in the matter of hearing the execution of former Indian Navy officer Kulbhushan Jadhav in Pakistan.

According to the Indian News Agency PTI, the international court in The Hague has asked Pakistan to ensure that Kulbhushan Sudhir Jadhav is not hanged before considering all the options. However, it has not been ratified by the International Court.

In Pakistan's media, it is also being said that Indian media is misinterpreting the news of the hanging of Kulbhushan Jadhav.

There is no response from the government of Pakistan on this so far.

Indian Foreign Minister Sushma Swaraj has tweeted that she has informed Kuldeep Jadhav's mother about the order of ICJ president.

Indian newspaper 'The Hindu' has written with the reference of Ron Abraham, President of International Court, that he has instructed Pakistan's Prime Minister Nawaz Sharif to look into India's appeal and until the court does not hear the case and passed the order by that time, the hanging of Kulbhushan Jadhav will be stopped.

Pakistan's military court has sentenced Jadhav to death in the case of involvement in espionage and subversive activities.

Kulbhushan Jadhav is still locked in a Pakistani jail.

According to the press release issued by the International Court of Justice, India has said in international court that there is very little time to appeal against hanging and there is no time to consider all the options in Pakistan.

India has sought consular access for more than 15 times to provide legal aid to Kulbhushan Jadhav, but Pakistan has not yet cleared it.

Kulbhushan Jadhav's mother has also appealed to reconsider the punishment of Kulbhushan from Pakistan.

Jadhav's mother urged the Pakistani government to intervene in this matter. At the same time, she expressed his desire to meet his son.

Indian Foreign Minister Sushma Swaraj has tweeted that she has informed the mother of Kulbhushan Jadhav about the Indian appeal in the international court and the order of ICJ president.

She also said that Senior Advocate Harish Salve is representing India in the court.

India had said in its appeal in the International Court that Kulbhushan Jadhav was abducted in Iran where he was doing business after retiring from the Indian Navy.

India has said in this appeal that information about the execution of Kulbhushan was received from the press release.

At the same time, Pakistan has seen his arrest from Balochistan on March 3 last year, and official information about this was given to India on March 25, 2016.

India had sought consular access at that time, but Pakistan had refused.

At the same time, India has told the court that on January 23, 2017, Pakistan had sought help from Kulbhushan Jadhav for allegedly investigating the involvement of espionage and extremist activities in Pakistan and had said that considering the demand of consular access, India's response will be kept in mind.

India claims that linking the demand for consular access to inquiries is against the Vienna Convention.

In an international court, India has appealed that Pakistan should not implement the sentence awarded to the military court and take action according to Pakistan's law to abolish the military court's decision.

Emmanuel Macron will be the New President of France

The centrist Emmanuel Macron will be the new President of France. In the presidential election held in France on Sunday (May 7), Emmanuel Macron defeats the right-wing Marine Le Pen.

The newly elected president, 39-year-old former investment banker Emmanuel Macron, has never been in an elected post till date. By winning this election, in the history of France, at the youngest, the president has won the election.

After winning the Presidential election, Emmanuel Macron said that he would fight the war against the 'internal partition of the country'.

Emmanuel Macron said, "I have heard people's anger, tension and suspicions."

From his party headquarters in Paris, Emmanuel Macron said that he would 're-link the link with Europe and its citizens'.

Macron said that France will be in the next line in the fight against terrorism.

After winning the election, Emmanuel Macron said at another rally that he will do all this in the next five years, so that people do not have to vote for extremists.

Macron also indicated that he would start efforts to get a majority in France for the lower house of France in June.

The most interesting thing in the elections of France is that Presidential candidates of the two largest parties of the country had already left the race. The popularity of Marine Le Pen has risen rapidly in the last few years, and there was a possibility that many other countries, like the other, could be in power in France even with the right-wing party.

According to the Ministry of Home Affairs, so far 65.30 percent of the voting has been done, which is 6 percent less than the presidential election of 2012, and four percent less than the first phase elections on April 23. In this election, there was a fight between the European pro and business support Emmanuel Macron and the anti-immigration and anti-European Marine Le Pen.

Both are completely different, and underlines the split between the Western democratic countries. Macron was on top of the first round of the election on 23 April. Marin Le Pen described the election as a fight between 'globalization supporters' for free trade, immigration and shared sovereignty and nationalists who advocated the strong borders and national identity.

Both candidates reached Paris to see the results. The process of voting started at 66,546 polling stations in the morning hours at 11:30 AM. Most of these polling stations were closed at 10:30 p.m., whereas the centers of big cities were open for one hour more.

It is worth mentioning that in the first round of elections on 23 April, Emmanuel Macron got 24.01 percent of the votes, while Marine Le Pen got 21. 30 percent of the votes.

India did not Approve the Agreement of the United Nations

In the approval of the United Nations 30-year-old tribunal treaty, India still stands behind 161 countries including Pakistan. Despite signing the treaty under the treaty in 1997, India has not yet been able to make the law in this context.

India is among the select nine countries of the world who have not yet approved this important treaty which is necessary for the signatory country for the purpose of approval of the International Human Rights Treaty.

The Supreme Court took a firm stand on this fact and asked the cenrtal government to explain why the Government has not shown its commitment to at least good intention with the intention of making a law in the matter.

The bench chaired by Chief Justice Justice JS Khehar said, "We understand that legal process may take time, but you (the Center) tell us that you have so far committed our sincere commitment to making the law Why not? "

A bench of Justice DY Chandrachud and Justice SK Kaul, headed by justice Kher, said, "There is no dispute between this and the national interest and beyond this issue is very important."

The bench made this comment when the Congress leader and former law minister Ashwani Kumar pointed out that India is among the select nine countries of the world who have not yet approved it despite signing the treaty.

Famous 'torture and other cruelty, inhuman or degrading treatment or anti-punishment treaty', known as the United Nations Anti-Torture Convention, is an international human rights treaty aimed at preventing torture and other cruel, inhuman or degrading treatment across the world.

Solicitor General Ranjeet Kumar, who was present on behalf of the centre, sought a brief period from the court on its basis in matter that in the context of making the law, some states have yet to be consulted before the new campaign was launched.

The top court said, "It is good to say that we are committed to the treaty but in this context, there must be a law."

However, the Solicitor General highlighted the fact that in the year 2010, the UPA-2 government had introduced the bill on torture in the Lok Sabha. Former Law Minister and senior lawyer Ashwani Kumar was part of this process, but the law could not be established.

On this, the bench had said, "It should not be biased. This is an important point.''

Nawaz Sharif Charged with Anti-Military Talk, Registered Report

Pakistani police have reportedly lodged a report against Pakistan Prime Minister Nawaz Sharif in the matter of instigating people against the army and spreading hatred. On Wednesday, an advocate named Ishtiaq Ahmed Mirza filed a case against Nawaz Sharif in Civil Lines Police Station, Rawalpindi. Mirza claims to be the head of 'I am Pakistan Party'.

According to the newspaper 'The Dawn', this report recorded by the police is not an FIR and it is known as 'Rojanamacha' in the local language. Mirza claimed that he had got a video clip on his whats up, in which a man was able to deliver a speech.

He said that the person giving the speech was himself Prime Minister Nawaz Sharif, who was allegedly provoking people and spreading hatred against the armed forces. The complainant demanded a case against Nawaz Sharif, who is also the head of PMLN party.

According to the report, Ishtiaq Ahmed Mirza claimed that his 'I am Pakistan' political party was registered in the Pakistani Election Commission.

On the other hand, the news is that India's Prime Minister Narendra Modi and Pakistani Prime Minister Nawaz Sharif can meet in the month of June in the Shanghai Cooperation Organization (SCO) Summit in Kazakhstan's capital, Astana. This is said in a media report.

The Pakistani newspaper 'Express Tribune' has conveyed to diplomatic sources that effective countries of SCO are pushing for re-interaction with Pakistan and India in the process of dialogue so that the next summit can be in favorable environment.

According to the media report, both countries have been included in the SCO on the condition that they will work to promote the interest of the organization with improvement in bilateral relations. This was one of the main reasons why Modi and Sharif met in the Ufa city of Russia, other than the 2015 SCO Summit.