World Day for International Justice

Who is the first Indian judge in the International Court?

Why is World International Day of justice celebrated?

Who was the first Indian woman judge of the International Court?

Who is the current President of ICJ?

World Day for International Justice is celebrated on 17 July every year. It is also called the Day of International Criminal Justice or International Justice Day. The establishment of the International Criminal Court (ICC) is a historic moment for peace and the rule of law. World Day for International Justice is celebrated to mark the adoption of the Rome Statute and the establishment of the new system of international criminal justice in the year 1998. This statue is known as the Rome Statute of the International Criminal Court.

ICC is an independent international judicial institution is capable of trying individuals accused of the most severe violations of international humanitarian and human rights, including genocide, a war of crimes, crimes against humanity, violence against women, etc. The ICC is not an alternative to national courts, but it acts when a country can’t or won’t carry out investigations and prosecute perpetrators.

From 1952 till now, there have been four Indian judges at the ICJ. The ICJ is also known as the World Court. The ICJ has 15 judges having a tenure of nine years, while five judges are nominated after every three years. Two judges who belong to the same country/state will not be allowed on the judging panel in ICJ.

Sir Benegal Narsing Rau is the first Indian Judge in ICC.

Sir Benegal Narsing Rau was born on February 26, 1887. He was the first Indian to serve as a member of ICJ during 1952-1953. Narsing Rau has a key role in drafting the Constitution constitutions of Burma in 1947 and India in 1950. Rau was also an Indian civil servant, jurist, and a great diplomat. He was India’s representative to the United Nations Security Council from 1950 to 1952. 

Neeru Chadha is the woman jurist in ICC.

Neeru Chadha is an Indian jurist who serves as a member of the International Tribunal for the Law of the Sea (ITLOS). She previously served in various capacities for the Indian Government’s External Affairs Ministry including as the additional secretary and legal adviser heading its legal and treaties division.

Chadha represented India in several international arbitration disputes,

Served as the Indian agent in Bay of Bengal Maritime Boundary Arbitration between Bangladesh and India.

She was an Indian agent for the Enrica Lexie Incident (Italy v. India) case.

She served as Indian agent for the Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. India) as a co–Indian.

She was an agent in the Indus Waters Kishenganga Arbitration (Pakistan v. India) case.

New Delhi: India at the International Court of Justice (ICJ) has six cases including the Kulbhushan Jadhav case. Above all, Pakistan primarily is there to pose opposition to India. Among six cases, four had Pakistan as the opposite party, while the two others were Portugal and Marshall Islands.  

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Harish Salve

Harish Salve is an Indian senior advocate in the Supreme Court of India and represented India at the International Court of Justice for the Kulbhushan Jadhav case. His fee for the case is Rs 1. A coin has two faces, and Harish salve, who tried to resolve the problem also has two faces. Two faces are not always a bad and good one. Two faces can be better and best also. 

 

Harish Salve charges Rs 30 lakh a day otherwise.  At that juncture, he was one of the millions of Indians who wanted to see Jadhav released from jail. Salve is also the advocate for the hit-and-run case of Salman Khan. One face side of Harish decided to take 30 lakh from an actor like Salman Khan. Another face of Salve wanted to solve the problem of Jadhav.

Pakistan has spent more than Rs 20 crore on lawyers to prove that Jadhav was an Indian spy.

Pakistan

Pakistani government alleged that Jadhav, commander in the Indian Navy, was arrested on 3 March 2016 during a counter-intelligence operation in Balochistan because he was involved in subversive activities inside Pakistan. Pakistan claimed that Jadhav was arrested for terrorism and spying for India’s intelligence agency, the Research and Analysis Wing.

On 10 April 2017, Jadhav was sentenced to death by a Field General Court Martial in Pakistan.

The Pakistan army and the government released the so-called video confession by Jadhav. ICJ did not allow Pakistan to play the video during the hearing. Indian agencies have claimed that the video released by Pakistan was heavily edited, and the audio has been spliced in several places.

The Pakistan army and the government claimed that

Jadhav said that the Indian intelligence agency RAW was involved in destabilising Pakistan.

Jadhav said that he was a serving officer of the Indian Navy.

Jadhav said that he was working in Pakistan for RAW.

On 22 June 2017, Pakistani sources confirmed that Jadhav had sought clemency from the country’s army chief following his conviction.

Pakistan released a new confessional video of Jadhav,

Again, Pakistan professed that Jadhav said he visited Karachi twice for gathering intelligence on naval facilities. He also admitted to supporting and funding, on behalf of India’s RAW, Baloch militants affiliated with the BLA and BRA.

On 10 April 2017, the Indian foreign ministry alleged Jadhav had been “kidnapped last year from Iran, and his subsequent presence in Pakistan has never been explained credibly”.
The Indian government recognised Jadhav as a former naval officer who took premature retirement and denied any current links with him.
India has rejected the video confession. Union Minister Kiren Rijiju claimed, “It is a completely doctored video, fake video made by Pakistan. They are just cooking up stories and doctoring videos to defame India.
India’s Foreign Ministry on the arrival of the second video confession by Jadhav, again dismissed the confession as “false propaganda”, stating that Pakistan was trying to influence ICJ proceedings while denying the consular rights to Jadhav.

On 25 December, Jadhav’s mother and wife met Jadhav in Islamabad after being allowed permission by Pakistani authorities. India criticized Pakistan for its handling of the visit of the wife and mother of Jadhav, saying they were harassed and prevented from talking to Jadhav freely.

Sushma Swaraj was the architect of a sustained diplomatic campaign that led the International Court of Justice (ICJ) to grant India consular access to Jadhav.

International Court of Justice

In May 2017, India approached the International Court of Justice (ICJ), asserting that Pakistani authorities were denying India its right of consular access to Jadhav in violation of the Vienna Convention.
The ICJ proceedings began in The Hague on 15 May to review the case. India and Pakistan both sent their legal teams to put forward their arguments.

On 18 May 2017, the International Court of Justice stayed the execution pending the final judgement on the case.
On 17 July 2019, the court rejected India’s appeal for Jadhav’s release and ordered Pakistan to suspend the execution.
It ruled that Pakistan will have to review the entire process of trial and conviction of Kulbhushan Jadhav and provide India with consular access. Pakistan granted consular access to India, once. However subsequent requests were blocked.

The ICJ also found a violation of Vienna Convention on Diplomatic Relations by Pakistan and directed Pakistan to provide consular access to Kulbhushan Jadhav in its July 2019 verdict.

Now, Joan Donoghue is the current President of ICJ.

ICJ President Joan Donoghue was Born on December 12, 1956, in New York.

Donoghue has the honour of being a member of the International Court of Justice since September 9, 2010. She was re-elected as a member of ICJ on February 6 2015. She is president since February 8, 2021.

Donoghue was Principal Deputy Legal Adviser at the United States Department of State from 2007 to 2010

She was the advisor to Secretary Clinton and President Obama on all aspects of international law.