Days ahead of Indian Prime Minister Narendra Modi’s US visit, Pakistan military on Thursday released a second “confessional video” featuring the retired Indian naval officer Kulbhushan Jadhav, who was sentenced to death by a military court for “spying” in April this year.
Soon after the video’s release, an Indian news channel revealed details of Islamabad’s offer of an out-of-court settlement of the case made on June 13.
The timing of the release and the alleged offer are being seen as desperate moves by Pakistan to stop the US from acting against it when Modi and President Donald Trump meet early next week.
According to Pakistan’s military, Jadhav’s video, in which he “owns up” to subversive activities in Baluchistan, is part of a mercy petition filed by him with Army chief General Qamar Javed Bajwa.
India rubbished the video as a ploy by Pakistan to mislead judges examining the case at the International Court of Justice (ICJ) in The Hague. Lawyer Harish Salve, who is fighting Jadhav’s case, said it would have no impact. Meanwhile, Husain Haqqani, a former Pakistani envoy to the US, said it was merely propaganda from the Inter State Intelligence.
During a public hearing of the case in May, the ICJ rejected Pakistan’s request to play an earlier “confessional video” by Jadhav. The court then stayed the execution of Jadhav until it pronounces a verdict on his case in August.
Pakistan’s out-of-court settlement offer, made before ICJ president Ronny Abraham, is intriguing. It may be a ploy from Islamabad to buy more time and to prevent being asked to produce Jadhav before the ICJ. The question is whether Jadhav is alive. If so, is he physically and mentally fit to face a court hearing?
An out-of-court-settlement may also be a trap set by Pakistan to prevent India from winning the case. If India agrees to the offer, it will give an impression that the country is admitting Jadhav’s guilt
That India’s has had 16 requests for consular access to Jadhav rejected raises doubts about his whereabouts and state of health. His family were denied visas to go and meet him.
In the second video, one can see marks of injury on Jadhav’s face. The right side of his face is never shown. Jadhav speaks as if he is using a teleprompter.
The ICJ has clearly said its interim order is binding on Pakistan and the country should not carry out Jadhav’s execution before its final ruling.
An out-of-court-settlement may also be a trap set by Pakistan to prevent India from winning the case. If India agrees to the offer, it will give an impression that the country is admitting Jadhav’s guilt. It will also prevent India from approaching the ICJ again once it is revealed that he has already been executed or has been tortured to the point of insanity.
India has not fallen into the trap set by Pakistan. Instead, it has decided to vigorously pursue the case at the ICJ.
Jadhav’s arrest is shrouded in mystery. Pakistan says he was arrested from Baluchistan for espionage activities on March 3 last year. India maintains he was kidnapped from Iran, where he was engaged in business after retiring from the Indian Navy.
For Pakistan, ICJ’s orders are not binding. Pakistan wants to hang Jadhav and it does not care how Indians feel about this. So there is more to its out-of-court settlement offer than meets the eye.
Pakistan military knows they don’t have a strong case against Jadhav. ICJ judges cannot be misled by doctored videos or rhetoric.
This explains Islamabad’s out-of-court settlement offer. They did not grant consular access to Jadhav because they knew their lies
would be exposed.
If Pakistan has truly offered an out-of-court settlement, it means the country is standing on a sticky wicket.It has totally ignored the rights of Jadhav, his family and his country. Since Jadhav is a retired navay officer, how can a military court in Pakistan put him on trial? There are many such flaws in the case.
ICJ judges are all part of the fake justice system set up by the West to be the arbiter of disputes by the inferiors. It is completely political entity, like all other courts that have been dishonored, such as a Special court for Rwanda or former Yugoslavia. Even the permanent arbitration court in Hague made a politically juvenile blunder by accepting to rule in the case of Phillipines and South China Sea. A court that should act only and only on behalf of parties that have agreed to the arbitration, chose instead to rule on the matter without both parties consenting. And then, proceeded to dishonor itself by "forgetting" the key provision of the UN Convention on the Laws of the Seas, the one that obligates all parties to engage in bilateral problem solving negotiations in regards to the expanded jurisdiction under the Convention. And only aftewards, apply to the Arbitration as provided for by the UN Convention.
So, please do not mention the honor of European Courts. They have lost any pretense to professionalism long, long time ago.
Try to talk about the flaws in cases of Guantanamo prisoners, or those just kidnapped, tortured and then released somewhere in the wastelands of Albania, try talking about the international law in the case of illegal extraditions that West always seems to pressure others to grant. And the case of Julian Assange, after all charges against him have been dropped by Sweeden but is still not free.
Because regadless of the "charges" he is a political target, and snatching him without being charged is still an objective. Please, please, do not ramble on about the state of the world’s justice system and international law. It has been trashed.
India and Pakistan need to settle all issues among themselves. Else, they will have their colonial masters tell them what to do, and how to do it.
What International Court of Justice? Nothing can persude the US to become a member and submit to its judgements. Its alright for all others to be judged by it and the US would ever be so happy to applaud its decisions.