Kulbhushan Jadhav Petition: ‘A Resounding Victory for India’

  • Deepanshi Rathee
  • Show Author Details
  • Deepanshi Rathee

    Student at Amity University, Noida, India.

  • img Download Full Paper


Kulbhushan Sudhir Jadhav is an Indian national born in Sangli, Maharashtra on 16 April 1970. He is an Ex-naval officer who served India from 1987 to 2001. He served Indian Navy as a commander. He was sentenced to death by a Field General Court Martial in Pakistan on 10 April 2017 because Pakistan Government claimed that he was spying for India's intelligence agency entering their territory by having fake identity credentials. Indian Government filed a writ petition in the International Court of Justice to prove the innocence of Kulbhushan Jadhav and claimed that Pakistan has violated Article 32 of the Vienna Convention even after being a signatory to this convention. Article 32 of the Vienna convention is the basis of this case. Applicability and alleged violation of Article 32 of the Vienna convention is the prudent part of the argumentation. The jurisdiction of the International Court of Justice to entertain the matter is also challenged by Pakistan. But as per Article 1 of an optional protocol to the Vienna convention court has jurisdiction over the interpretation and application of the Vienna convention on counselor relations concerning the compulsory settlement of the disputes.The research article will put light on the deep analysis of the Kulbhushan Jadhav case and the moral and legal duties of the government of Pakistan and India towards this case. In the hindsight, the first part of the paper discusses the history of the case. The second part discusses the detailed facts of the case. The third part elucidates the International Court of Justice involvement in the case, violation of Article 32 of the Vienna Convention, and statutes apply to this particular situation. And fourth part throws light on the conclusion.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 2594 - 2602

DOI: https://doij.org/10.10000/IJLMH.112799

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021