ICJ verdict: Sartaj says no compromise on security matters

ISLAMABAD: Adviser to Prime Minister on Foreign Affairs Sartaj Aziz has said issuing of stay by the International Court of Justice (ICJ) in the interim case of Indian spy Kulbhushan Jadhav is not something extraordinary.

In an interview, he said courts sometimes grant such orders which do not have any bearing on the long-term running of the case.

Sartaj Aziz said it is the wrong impression that selection of counsel was not appropriate.

He said the matter of consular access was not included in the operational order of the court. Adviser to Prime Minister said our stance is that security reasons are also very important.

The ICJ, earlier, ordered Pakistan to halt the execution of the Indian spy until a final decision is reached.

"Pakistan shall take all measures at its disposal to ensure that Jadhav is not executed pending the final decision in these proceedings," ordered Judge Ronny Abraham, president of the court, as he announced the decision.

The ICJ rejected Pakistan's stance and stated that the court had jurisdiction and would hear the case and seek arguments from both parties.

Judge Abraham stated that the ICJ had prima facie jurisdiction under Article 1 of the Optional Protocol to the Vienna Convention. The court further observed that the existence of a 2008 bilateral agreement on consular relations between India and Pakistan does not change its conclusion on the issue of jurisdiction.

“Pakistan shall inform the court of all measures taken in implementation of the present order. The court also decides that, until it has given its final decision, it shall remain seised of the matters which form the subject-matter of this order,” the order stated

Explaining its reasoning, the court began by establishing that based on the initial facts, it has jurisdiction over the case.

Reacting to the decision, Foreign Office Spokesman Nafees Zakaria said that no institution can be a party when it comes to the country’s national security.

The FO spokesman said that the decision to challenge the jurisdiction of the ICJ was taken after consultation with all the institutions and agencies.

The FO has also requested access to Indian spy Jadhav’s accomplices. Zakaria said that India did not give a positive response to Pakistan’s request regarding access to Jadhav’s accomplices.