Jadhav Case

Abstract

International Court of Justice — Provisional measures of protection — Consular relations — Death penalty — Prima facie jurisdiction — Prima facie existence of a dispute — Prima facie jurisdiction ratione materiae — Vienna Convention on Consular Relations, 1963 (“Vienna Convention”) — Optional Protocol to Vienna Convention concerning Compulsory Settlement of Disputes, 1963 — Whether Agreement on Consular Access of 21 May 2008 excluding application of Vienna Convention — Plausibility — Article 36(1) of Vienna Convention — Right to consular access — Right to be informed of one’s consular rights — Irreparable prejudice — Urgency — Whether existence of appeals procedure against death sentence removing real and imminent risk of irreparable prejudice — Link between provisional measures requested and rights sought to be protected

Consular relations — Right of access to consul for person arrested — Indian national sentenced to death by court in Pakistan — Vienna Convention on Consular Relations, 1963 — Article 36(1) — Failure of arresting authorities to provide consular access — Whether Article 36(1) of Vienna Convention applying to persons suspected of espionage or terrorism

Treaties — Interpretation — Vienna Convention on Consular Relations, 1963 — Article 36(1) — Whether Article 36(1) of Vienna Convention applying to persons suspected of espionage or terrorism

Terrorism — Consular relations — Right to consular access — Treaties — Interpretation — Vienna Convention on Consular Relations, 1963 — Article 36(1) — Whether Article 36(1) of Vienna Convention applying to persons suspected of espionage or terrorism