According to the ICJ, the conviction and sentence of Kulbhushan Jadhav were not to be regarded as a violation of Article 36 of the Vienna Convention.
“As regards India’s claim based on the Vienna Convention, the Court considers that it is not the conviction and sentence of Mr. Jadhav which are to be regarded as a violation of the provisions of the Vienna Convention,” read the verdict.
The ICJ allowed India consular access to Kulbhushan Jadhav and called on Pakistan to review and reconsider his conviction and sentence.
Commander Jadhav — an Indian Navy officer working for Indian covert agency Research and Analysis Wing (RAW) — was arrested on March 3, 2016, from Balochistan after he entered into Pakistan from Iran.
Jadhav was tried in a military court which sentenced him to death for espionage and subversive activities.
In a reaction to the move, Pakistan’s relations with neighbouring India tensed, and New Delhi approached the ICJ to hear the case.
On May 18, 2017, the ICJ ordered Pakistan to halt the execution of Jadhav until a final decision was made in the proceedings.