A few years back, Pakistan arrested and sentenced Kulbhushan Jadhav, an Indian national, to death for allegedly conducting subversive activities in Pakistan based on a trial that lacked due process. When India learned about Jadhav’s arrest, it requested that he be given consular access as per international law. Despite India’s repeated diplomatic requests, Pakistan denied consular access to Jadhav. India then sued Pakistan at the International Court of Justice (ICJ) for breaching the Vienna Convention on Consular Relations (VCCR).
The ICJ agreed with India and ruled that Pakistan had breached its obligations under the VCCR by denying consular access to Jadhav.
The Jadhav case is an excellent example of how India used international law in the successful pursuit of conducting its foreign policy. However, such examples are few and far between. Overall, India hasn’t used international law as effectively as it should have in the conduct of its foreign policy. But before we look at this issue, it is imperative to sketch the broader context for this argument.
THE ROAD TO HERE
The adoption of the United Nations (UN) Charter almost 80 years ago, not only laid the foundations of a post-world war international order but also inaugurated a new era of legalisation of international relations. Legalisation is a form of institutionalisation whereby countries agree to be bound by international rules or commitments when they deal with each other.
