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Pakistan to be defeated in the international court on Kashmir issue

Thursday - August 22, 2019 2:45 pm , Category : WTN SPECIAL
Pakistan sets to be 'dishonored' even in the International Court of Justice
Pakistan sets to be 'dishonored' even in the International Court of Justice

Pakistan will again fail in front of Modi government's aggressive diplomacy!

AUG 22 (WTN) - Modi Government has taken a historic decision by abrogation of Article 370 from the state of Jammu and Kashmir and dividing the state. Frustrated by this internal decision of the Government of India, Pakistan is engaged in an unsuccessful attempt to raise the Kashmir issue internationally and encircling India. Apart from China and Turkey, no other country has supported Pakistan on the Kashmir issue. In a closed-door formal meeting of the UN Security Council, no country other than China supported Pakistan on the Kashmir issue.

Countries like America to France and Britain to Russia have clarified their stand on the Kashmir issue, saying that the decision of abrogation of Article 370 in Kashmir is an internal matter of the Government of India. Pakistan is now preparing to arise the issue to the International Court of Justice (ICJ) after it has been defeated everywhere internationally on the Kashmir issue. Desperate and angry at the Kashmir issue, Pakistan will arise the issue of Kashmir in the International Court of Justice based on the alleged violation of human rights.

It is certain that before the Modi Government's diplomacy, Pakistan will also be defeated in the International Court of Justice on the Kashmir issue, but it seems that Pakistan is more interested in its disrespect at international level. However, for your information, let you know that the International Court of Justice is an advisory body, and its advice is not binding in any case. However, Pakistan is under the illusion that by raising the Kashmir issue to the ICJ, it will be able to internationalize it.

For your information, let you know that the Government of India has the full constitutional right to make a decision on the Indian state of Jammu and Kashmir. Pakistan wants to take the Kashmir issue to the ICJ, but according to the provisions of the ICJ, it is going to be almost impossible for Pakistan to keep India put in the witness-box on the Kashmir issue.

Let you know that the International Court of Justice was established in the year 1945 and is a major judicial unit of the United Nations. Only countries are allowed to take their cases to the International Court of Justice; No person, private organization and non-governmental organization can appeal for any issue in this court. The International Court currently has 11 judges, with 9 years tenure. These judges are appointed by the United Nations General Assembly and the United Nations Security Council.

For your information, let you know that some countries have accepted the jurisdiction of the ICJ. The Government of India filed the declaration in 1974 and Pakistan in the year 2017, recognizing the jurisdiction of the court. Explain that countries that accept the jurisdiction of the ICJ can take any dispute against each other to the court.

Two types of work have been set under the jurisdiction of the International Court of Justice. The first is that the International Court of Justice gives its verdict on the legal disputes taken by the countries of the world; second it can issue a consultation on any legal dispute on the appeal of any agency or organization of the United Nations.

So as Pakistan is saying that it will take the Kashmir issue to the International Court of Justice, but the question arises whether the Kashmir issue finally comes under the jurisdiction of the International Court or not? As you know, India has already made it clear that the decision to abrogation Article 370 from Kashmir is an internal matter of India. By the way, if there is a dispute about the jurisdiction of the ICJ, then it is decided by the ICJ itself under the provisions of Article 36 of the ICG.

First of all, it is very difficult for Pakistan to raise the Kashmir issue in the ICJ. This is why, because in the case of one-sided application, under the rules of the International Court of Justice, Pakistan has to clear under which law of the jurisdiction of the ICJ that it is raising the issue of Kashmir in the court. Not only this, Pakistan has to present all the facts and grounds related to its claim, on what basis it is going to challenge the case of abrogation Article 370 from Kashmir in the International Court, while the Indian Government claims that it is completely an internal matter of the Government of India.

However, for your information, let you know that the hearing on the dispute between two or more countries in the International Court of Justice does not begin until the country or other country also agrees to take the matter to the jurisdiction of the ICJ. For this reason, to decide the jurisdiction in such cases at an early stage, the International Court of Justice requests all parties to debate all questions of law and facts and present evidence.

According to experts in the working of the International Court of Justice, Pakistan's stand on the Kashmir issue is quite weak. First of all, Pakistan has to prove under which law of the jurisdiction of the ICJ that it is raising the issue of abrogation Article 370 from Kashmir. On the other hand, India will not allow the Kashmir issue to be raised in the ICJ under any circumstances.

Pakistan, having recently been defeated in the International Court of Justice in the Kulbhushan Jadhav case, once again seems to be preparing to lose to India in the ICJ. No matter how much Pakistan tries to internationalize the Kashmir issue, it will have to be defeated every time against the aggressive diplomacy of the Modi Government.