Victory in Kulbhushan Jadhav case, but here is how China can play spoilsport


India scored a major victory when it obtained a stay on the execution of Kulbhushan Jadhav before the International Court of Justice. While Pakistan has obeyed the order so far, it would however go ahead and present its case to get the stay vacated. The jurisdiction of the ICJ has been questioned by many in Pakistan and the worry for India could be China as it could use its veto power to block the implementation of the order. On its website the ICJ says that its decisions are binding. It is rare for a decision not to be implemented as all member United Nations stat states undertake to comply with the ICJ’s ruling in matters the states are party to.  While the ICJ does not have a direct power to ensure the implementation of its orders, countries that believe that the other party has failed to abide by the verdict can approach the United Nations. An application can be moved before the United Nations Security Council indicating the same which in turn could compel the offending party to implement the order. China’s veto power: If India feels that Pakistan may not implement an order adverse to it, then it could move the UN security council. However India’s move could be blocked by China which wields a veto power in the UN security council. China has several times blocked India’s applications at the UN, the latest being a ban on Jaish-e-Mohammad chief, Maulana Masood Azhar. China has also blocked on several occasions, India’s bid to the NSG. To block the non-implementation of an order there has also been a precedent that has been set. The US had used its veto power in the Nicaragua. The US used its veto power to block the implementation of a 1986 verdict of the ICJ which had found America in violation of an international law. The ICJ had found that the US had supported a rebellion against the Nicaraguan government, but the central American nation was unable to get the ruling implemented because of the US’s veto action. Reported By: Bijender Kumar #DCPBVM


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