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India will seek UN sanctions against Pak if it disobeys ICJ: Harish Salve

Salve said if India was denied consular access to Jadhav, it would be a violation of the order, so India could go back to ICJ and seek further directions.

, TNN|
Jul 18, 2019, 11.12 AM IST
Harish Salve, India's representative in the Kulbhushan Jadhav case. (ANI photo)
(This story originally appeared in on Jul 17, 2019)
LONDON: India’s lead counsel on the Kulbhushan Jadhav case in the International Court of Justice (ICJ), Harish Salve has said on that India would consider getting sanctions against Pakistan in the UN Security Council if Pakistan disobeys the ICJ order.

Speaking to mediapersons at the High Commission of India in London on Thursday, Salve said if India was denied consular access to Jadhav, it would be a violation of the order, so India could go back to ICJ and seek further directions.

“If a country brazenly violates the ICJ, there are other provisions including seeking sanctions in the UN Security Council,” he said. “I am sure Pakistan would not go that way, or at least I hope not. If some country wants to be rogue, there are measures available.”

The senior advocate added: “The court has made it very clear that the Pakistan attorney general states their constitution guarantees a fair trial. They expect Pakistan to do whatever it has to, including legislative measures to guarantee a fair trial. So Pakistan is under watch. Believe me, we will be back in court if they don’t guarantee a fair trial. Pakistan’s repeated assertions that their existing laws are good enough has not been accepted.”

“If it goes back to a military court in Pakistan where access is not given to outside lawyers and evidence not given, it won’t meet the standards. So they are laying themselves open to challenge that that trial was not a fair trial. I am very gratified that court has said that the International Covenant on Civil and Political Rights (ICPPR) must inform the interpretation.”

The Court held Pakistan is guilty of “internationally wrongful acts of a continuing character” and it must cease those acts, he said. “In the language of diplomacy, the language of ICJ, this is stringent.”

“We had ambitiously asked for annulment. The court said we cannot but they have said Pakistan must do everything to make the Vienna Convention right in living reality,” he said.

“The court came to the conclusion there was nothing in the language of Vienna convention which excludes someone accused of being a spy from receiving consular access. He protests his innocence. I am sure if it is a fair trial we can secure his release and if trial is not fair I am sure, we can go back.”

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