OF INT IETY ER C NA O T S I N O A N I A The Indian Society D L N I L A E W H T of International Law 1959 N E W S L E T T E R VOL. 16, No. 2-3, April - September 2017 For members only President Dr. E. M. Sudarsana Natchiappan Editorial India filed its Request for the indication of provisional measures on 8 Secretary General May 2017, and initiated proceedings against Pakistan in a dispute S. K. Verma concerning alleged violations of Article 36 of the Vienna Convention Vice Presidents on Consular Relations (VCCR) of 24 April 1963 with respect to an Luther Rangreji Indian national, Mr. Jadhav, sentenced to death in Pakistan. The A. K. Ganguli Court begins by considering whether it has jurisdiction prima facie to B. C. Nirmal hear the case. It recalls that India seeks to ground its jurisdiction in Article I of the Optional Protocol to the Vienna Convention, which Treasurer provides that the Court has jurisdiction over “[d]isputes arising out of V.G. Hegde the interpretation or application of the Vienna Convention”. In this regard, the Court notes that the Parties do indeed appear to have differed, and still differ today, on the question of India's consular assistance to Mr. Jadhav under the Vienna Research & Teaching Wing Convention. It further notes that the acts alleged by India, i.e., the alleged failure by Pakistan to provide the Vinai Kumar Singh requisite consular notifications with regard to the arrest and detention of Mr. Jadhav, as well as the alleged Anwar Sadat failure to allow communication and provide access to him, appear to be capable of falling within the scope of Parineet Kaur the Convention. (1) In the view of the Court, this is sufficient to establish that it has prima facie jurisdiction Kanika Sharma under Article I of the Optional Protocol. The Court further observes that the existence of a 2008 bilateral Agreement between the Parties on consular relations does not change its conclusion on jurisdiction. (2) The Court then turns to the question whether the rights alleged by India are at least plausible. It observes that the rights to consular notification and access between a State and its nationals, as well as the obligations of the detaining State to inform the person concerned without delay of his rights with regard to consular assistance and to allow their exercise, are recognized in Article 36, paragraph 1, of the Vienna Convention, and that India has alleged violations of this provision. In the view of the Court, therefore, it INSIDE appears that the rights alleged by India are plausible. (3) The Court then focuses on the issue of the link Recent Activities ........................... 2-4 between the rights claimed and the provisional measures requested. It considers that the measures requested are aimed at ensuring that the rights contained in Article 36, paragraph 1, of the Vienna Recent Developments Convention, are preserved. Therefore, a link exists between the rights claimed by India and the provisional in International Law ......................4-8 measures being sought. (4) The Court then examines whether there is a risk of irreparable prejudice and Forthcoming Events ....................... 8 urgency. It considers that the mere fact that Mr. Jadhav is under a death sentence and might therefore be executed is sufficient to demonstrate the existence of a risk of irreparable prejudice to the rights claimed by India. The Court further observes that Pakistan has indicated that any execution of Mr. Jadhav would probably not take place before the month of August 2017. This means that there is a risk that an execution could take place at any moment thereafter, before the Court has given its final decision in the case. The Court also notes that Pakistan has given no assurance that Mr. Jadhav will not be executed before the Court has rendered its final decision. In those circumstances, the Court is satisfied that there is urgency in the present case. The Court concludes by indicating the following measures: Pakistan shall take all measures Published by: at its disposal to ensure that Mr. Jadhav is not executed pending the final decision in these proceedings and The Indian Society of International shall inform the Court of all the measures taken in implementation of the present Order. The Court also Law decides that, until it has given its final decision, it shall remain seised of the matters which form the subject- V.K. Krishna Menon Bhawan, matter of this Order. 9, Bhagwan Das Road, The Court was composed as follows: President Abraham; Judges Owada, Cançado Trindade, Xue, New Delhi - 110001 (INDIA) Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian; Registrar Couvreur. Judge Tel.: 23389524, 23384458-59 Fax: 23383783 Cançado Trindade appends a separate opinion to the Order of the Court; Judge Bhandari appends a E-mail: [email protected] Website: www.isil-aca.org declaration to the Order of the Court. Dr. E. M. Sudarsana Natchiappan RECENT ACTIVITIES RECENT ACTIVITIES RECENT ACTIVITIES Teaching in International Law” chaired by Prof. S. K. Verma, th 46 Annual Conference of the Secretary General, ISIL. Panelists ISIL including Prof. V. N. Jauhar, former The Indian Society of International Vice Chancellor, Agra University, Law (ISIL) organized its 46th Annual Agra, Prof. B. C. Nirmal, Vice Conference on 29-30 April 2017 at Chancellor, NUSRL, Ranchi, Prof. its premises. More than 150 Lakshmi Jambholkar, former delegates comprising law faculty Professor, Delhi University, Delhi members, researchers, students and Dr. Benarji Ch., Symbiosis and lawyers from different parts of Law School, Hyderabad presented the country and representatives their papers. Finally, Dr. E. M. S. from several embassies and the Natchiappan, gave valedictory ministries participated in the School, Hyderabad, Dr. Sreejith S. G., “Complementary Jurisdiction and address and proposed a formal Conference. Prof. B. C. Nirmal, Associate Professor, Jindal Global Future of ICC”; “India and vote of thanks. The Annual Vice Chancellor, NUSRL, Ranchi Law School, Sonipat and Capt. J. S. International Criminal Court: A Conference concluded with General Addl. Secretary (Retd.), MEA, International Peace and Security inaugurated the Conference. Prof. Gill, Ex Governing Body Member, ISIL Relationship Not Feasible”; and Body Meeting held at 2.30 pm on Government of India on 9 June 2017. Law, with funding from the Nirmal highlighted importance of presented their paper on “50 Years “Challenges in Making ICC More 30 April 2017. Hon'ble Justice Prathiba Singh, Norwegian Ministry of Foreign Relevant: Addressing Sovereign of OST Session”; “Protection of the th Judge, Delhi High Court gave Affairs and the International identified themes of the Conference. 16 Summer Course on Inter- Space Environment: The Legal Needs by Expanding Jurisdiction” valedictory address and also Nuremberg Principles Academy, He wished the Conference a great national Law success. Dr. E. M. S. Natchiappan, Framework for Space Programmes respectively. distributed the certificate to the organized seminar on “Philosophical th President, ISIL welcomed the Chief of Tomorrow”; “Death of the The third session was held on The ISIL organized its 16 Summer participants. Foundations of International Astronauts in Space Law”: and “High Course on International Law at its Criminal Law: Its Intellectual Roots, Guest and the participants. Prof. S. the theme “Indian Citizenship Seminar on Philosophical K. Verma, Secretary General, ISIL Seas Analogy and Outer Space” premises from 29 May – 9 June Related Limits and Potential” at the Amendment Bill 2016 and South Foundations of International briefly outlined the scheme of the respectively. Second session of the Asian States” chaired by Dr. E. M. S. 2017 and the Course was attended Indian Law Institute on 25-26 Criminal Law: Its Intellectual Conference and proposed a formal Annual Conference was held on Natchiappan, President, ISIL and by 300 participants from many August 2017. Hon'ble Justice Roots, Related Limits and Potential vote of thanks. “Future of International Criminal Co-chaired by Shri Sanjay Parikh, parts of India. The Course was Madan Lokur, Judge, Supreme Court” chaired by Prof. B. C. Nirmal, intended to update the knowledge Court of India, inaugurated the Four sessions were organized to Advocate, Supreme Court of India. The CILRAP the Centre for International Vice Chancellor, NUSRL, Ranchi and of international law among seminar. discuss four themes. The first Eminent panelists namely, Prof. Law Research and Policy co- Co-chaired by Prof. Manoj Kumar students. The Course was session (morning) held on 29 April Abdul Rahim Vijapur, Professor, organized with the Indian Law Convocation and Inauguration Sinha, Director, Indian Law Institute, AMU, Aligarh, Dr. K. M. Parivelan, inaugurated by Dr. Neeru Chadha, Institute, University of Delhi Campus 2017 focusing on “50 Years of the New Delhi. Eminent panelists namely of the P. G. Diploma Courses Outer Space Treaty” was chaired by TISS, Mumbai and Dr. Daya Devi & Law Centre, the Indian Society of Dr. Srinvias Burra, Assistant ISIL organized the Convocation for Dr. Luther Rangreji, Director, Legal Ms. Prabha Bhati, RNT Law College, International Law, National Law Professor, SAU, New Delhi; awarding of Post Graduate Diploma and Treaties Division, MEA and Co- Gandhinagar on following topics University, Delhi, O.P. Jindal Global Dr. Rashmi Salpekar, Dean, Certificates on 1 September 2017. chaired by Dr. V. Gopalakrishnan, “Durable Solution to Refugees: University, Asian-African Legal VIPS Law School, New Delhi, The ceremony was also marked to Policy Analyst, ISRO, Bangalore Problem in India”; “Sri Lankan Consultative Organization, Peking Dr. Ananya Chakraborty, Assistant inaugurate the Post Graduate who also gave key note address in Refugees in India: Durable University International Law Institute, Professor, NLU, Odisha and Vishal Diploma Courses academic session the session. Eminent panelists Solutions”; and “The Citizenship Waseda University Law School, the Sharma, Assistant Professo, Galgotia 2017-18 conducted by the Indian namely Dr.