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 internation[1]al 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.