India hints at approaching UN Security Council if Pakistan defies ICJ verdict

NEW DELHI: India could go to the UN Security Council if Pakistan defies the ICJ order staying the execution of Kulbhushan Jadhav and allowing him consular access, people familiar with international law said.

The problem is ICJ’s order cannot be enforced the way domestic court judgements can, and Pakistan may claim it had not agreed to the case at the judicial branch of the UN, they said.

But the Indian government said there was no ambiguity in Thursday unanimous judgement, which it said created a legally binding international obligation on Pakistan and was the “essential first step” in saving the former navy official accused of spying by Islamabad.


“It is clear that as long as a final decision does not come, Jadhav should be safe,” foreign ministry spokesperson Gopal Baglay told media.

The ruling will help in finding remedy to “violation of Jadhav’s rights and also the violation of international convention by Pakistan”, he said.

“Hope the concerned authorities in Pakistan have heard the judgement. This is a matter of great relief.” Baglay said Jadhav’s mother had sent a petition and appeal through Indian courts against a Pakistan military court’s order to hang Jadhav and hoped Islamabad to give him consular access anytime now.

People familiar with the UN and international law told ET that India could ask for sanctions against Pakistan if it didn’t follow the order.

“ICJ is a body where you go by consent. One of the issues Pakistan is seeking to raise is that ‘we have not consented’, so jurisdiction is an issue they are looking to challenge. Such judgements are binding when countries accept them to be binding,” said one of the people.

Delhi could also reconsider its diplomatic relations with Pakistan in extreme circumstances, another person said.