Analysis Of India-Pakistan Conflictual Relations In The Context Of Kulboshan Jadhav Case: International Law Perspective

Abstract

This study explores the tension between India and Pakistan, focusing on the international law
ramifications of the Kulbhushan Jadhav case. the conflict between India and Pakistan is not a
new phenomenon, however, the case of Kulboshan Jadhav is unique on the grounds that it
contains various jurisdictional issues and that various principles of customary international
law are discussed in this case. Tensions between India and Pakistan have sharply increased as
a result of the case involving Indian navy officer Jadhav, who is accused of terrorism and
espionage in Pakistan. The case's complex effects on bilateral ties, international laws, and
human rights are all thoroughly examined in this paper. Examining diplomatic alternatives in
light of the Jadhav case, it examines past wars and territorial disputes. To get understanding
of state conduct in accordance with internation1al legal norms, the intricate problems of state
sovereignty, denial of consular access, and human rights breaches are examined. The paper
assesses Jadhav's denial of consular access, which violates the Vienna Convention, critically
and considers the implications for diplomatic ties and state commitments. The trial of Jadhav
is examined closely for issues of due process and transparency, as well as for compliance with
international human rights standards and the principles of law. Additionally, the study looks
at how the Jadhav case could influence future international law espionage case management
guidelines and further the establishment of legal norms. The study concludes with an
acknowledgement of the dynamic within both national and global courts and the expanding
importance of international law in defining bilateral relations. It also offers important research
topics, surveys pertinent literature, and analyzes prior ICJ rulings on consular relations.