India appealed to the International Court of Justice (ICJ) about Pakistan’s decision to execute a retired Indian naval officer who was alleged to be a spy, Kulbhushan Jadhav. The ICJ has stayed the execution. India seems to be happy with the decision. But it is not a confirmed verdict. However, it requires Pakistan to abide by the norms of the Vienna convention. The stay request is in the form of a letter the ICJ has written to Nawaz Sharif, Prime Minister of Pakistan. He has been requested not to hang Jadhav until the ICJ delivers its verdict. It means that Pakistan has its hands only partially timed for the time being. India by appealing to the ICJ is showing a tendency to involve a third party in its disputes with Pakistan. It runs counter to the fundamentals of Indian foreign policy which has been built on independent foundations since the country under Jawaharlal Nehru came out of the shadow of British rule. Nations have no permanent friends or enemies. That is the basic tenet of any foreign policy. And that is the guiding principle of India’s relations with the world. India’s Prime Minister, Narendra Modi is inclined to be a pragmatist in formulating his foreign policy.
It is possible that Pakistan will retaliate against India appealing to the ICJ by itself going to the UN complaining against alleged violation of human rights in Kashmir. Going to the ICJ was a departure from India’s policy of the 1990s or during the Kargil conflict in 1999. The crux of the matter is that India and Pakistan have to take the bilateral way to resolve all outstanding disputes. Complaining to the ICJ may have strengthened India’s position in The Jadhav case. But it is highly unlikely that Pakistan will relent on the issue.
