A CONFLICT OF PRESTIGE AND INTERESTS: ICJ, SOUTH ASIA AND MIDDLE EAST

Abstract

The paper refers to the conundrum that the International Court of Justice (ICJ) faces and highlights that the shortcomings are mostly its own doing which are politically motivated and same is the clout that does not allow it to serve justice and achieve its objective of
bringing peace and stability to the world. The paper illustrates the recent high-profile case of Indian RAW agent Kulbhushan Jadhav and how India bringing into play inbuilt loopholes of ICJ’s procedures and structural anomalies tried to get its desired judgment from the world court but failed miserably and exposed itself to the world. It was also an eye opener for decision-makers in the Indian hierarchy who thought it enjoys cordial relations with most of the VETO wilding countries in the United Nations Security Council. The case also highlights the state of relationship between Pakistan and India and how these relations would shape after ICJ’s decision; because this case was approached from the Indian side with a very narrow prism whereas, for Pakistan, it opened new doors to resuscitate contentious issues and conflicts that it faces with its neighbours at global institutions including ICJ and influence court’s decision. It can be safely said that this decision has dented the nonpartisan and neutral reputation of ICJ and cemented opinions of its critics that ICJ is monopolized. ICJ needs to follow legal norms and practices and there is a need of drastic changes in its overall design and the way it conducts its business.