The preliminary measure by the ICJ staying the execution of Jadhav is fraught with historic significance for India. Justice Dalveer Bhandari held that the basic human rights of Jadhav had been violated by disallowing consular access to India. The ICJ has shown judicial creativity by balancing its own powers of doing justice with the principles of both state sovereignty and state consent. Yet, the ICJ, to its glory, has incrementally made the “appropriate measures” a sword of global justice. The issue of jurisdiction will again be raised, but more importantly, consular access standards will be contested.
Source: Indian Express May 24, 2017 19:22 UTC