The Kulbashan case in the ICJ & The Court Rules of Procedures.

715

By Haider Mehdi


Short and Sweet!

The ICJ will not hear a case, if the state against whom a case is filed, does not accept ICJ’s jurisdiction.

Clearly, Pakistan consented, hence proceedings commenced.

The Big question.

Why did Pakistan formally “consent” to ICJ’S jurisdiction in this case?

Here’s the operating rule extracted from their rules of business.

It shall not however be entered in the General List, nor any action be taken in the proceedings, unless and until the State against which such application is made consents to the Court’s jurisdiction for the purposes of the case

Clearly Pakistan accepted the ICJ’s jurisdiction in this case after receiving the formal complaint from the ICJ, which was filed by India.

The question is.

1. Who granted this consent?

Certainly this cannot be anybody else other than our very own patriotic PM, Nawaz Sharif.

The second question and perhaps a much bigger question.

2. Why did PM Nawaz accord this consent to ICJ?

Here’s the full section on this ruling!

SECTION C. PROCEEDINGS BEFORE THE COURT

Subsection 1. Institution of Proceedings

Article 38

1. When proceedings before the Court are instituted by means of an application addressed as specified in Article 40, paragraph 1, of the Statute, the application shall indicate the party making it, the State against which the claim is brought, and the subject of the dispute.

2. The application shall specify as far as possible the legal grounds upon which the jurisdiction of the Court is said to be based; it shall also specify the precise nature of the claim, together with a succinct statement of the facts and grounds on which the claim is based.

3. The original of the application shall be signed either by the agent of the party submitting it, or by the diplomatic representative of that party in the country in which the Court has its seat, or by some other duly authorized person. If the application bears the signature of someone other than such diplomatic representative, the signature must be authenticated by the latter or by the competent authority of the applicant’s foreign ministry.

4. The Registrar shall forthwith transmit to the respondent a certified copy of the application.

5. When the applicant State proposes to found the jurisdiction of the Court upon a consent thereto yet to be given or manifested by the State against which such application is made, the application shall be transmitted to that State. It shall not however be entered in the General List, nor any action be taken in the proceedings, unless and until the State against which such application is made consents to the Court’s jurisdiction for the purposes of the case.

While I do not have any pretensions of being a black coat (a blackguard maybe !)

I was drawn to this by Dr. Babar Awan’s comment on this point and hence prompted my ardous Google research!

If anything, at a minimum, this is highly questionable.

And clearly, High Treason, at the other end of the Spectrum.

Jandal’s visit now begins to make much more sense.

Why he came in person, met PM in Murree, away from “prying eyes and listening ears”.

Nawaz Sharif has lots to answer!

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