ABSTRACT

The detention and trial of an Indian national, Kulbhushan Sudhir Jadhav, by the Pakistani Government created a new chapter in international legal implications and India-Pakistan relations. Placed in the ICJ jurisdiction at India’s behest, the outcome of this matter has raised questions and concerns about the practice and interpretation of international law. Its relevance for Indians is manifest as well. It treats issues of foreign policy and the role of the Court as an institution and how it functions under the pressures of geopolitics. It reflects the evolution of law and the growing influence of human rights and the strong influence of human rights in the area of diplomatic relations. It underscores the growing understanding that there are certain basic principles that civilized countries must live by, and there are certain standards to which civilized countries must adhere, which are at a level above and beyond national law and domestic law.