Hard Facts 05 2017 (May)

Raj Malhotra’s IAS Study Group
International Court of Justice stays Kulbhushan Jadhav’s hanging
The International Court of Justice on Tuesday stayed the execution of Indian national Kulbhushan Jadhav, who
has been sentenced to death by a Pakistani military court on charges of “spying”. The order by the Hague-based
International Court of Justice came a day after India approached it against the death sentence to Jadhav by
Pakistan’s Field General Court Martial last month.
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was
established in June 1945 by the Charter of the United Nations and began work in April 1946.The seat of the
Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is
the only one not located in New York (United States of America).The Court’s role is to settle, in accordance with
international law, legal disputes submitted to it by States and to give advisory opinions on legal questions
referred to it by authorized United Nations organs and specialized agencies.The Court is composed of 15 judges,
who are elected for terms of office of nine years by the United Nations General Assembly and the Security
Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French.
China, ASEAN nations agree on draft of South China Sea code of conduct
China and the 10 countries in the Association of Southeast Asia Nations (ASEAN) have agreed on the rough
outline of a legally binding code of conduct designed to prevent clashes in the strategic South China Sea, officials
said. The Philippines welcomed the finalisation of the draft of the framework.China was enraged by a ruling last
year from a Hague tribunal invalidating most of its South China Sea claims in a case brought by the Philippines.
Philippine President Rodrigo Duterte has downplayed that ruling as part of his push for a broad improvement in
relations between the sides since taking office in June that has cast a shadow over Manila’s ties to its longtime
ally, the United States.
Despite the thaw in relations, China protested a visit last month by Manila’s defense and military chiefs to a
disputed island in the South China Sea. The Philippine government maintained that it owns the territory where
Filipino troops and villagers have lived for decades. China and the members of ASEAN committed 15 years ago
to signing a code of conduct, but progress has been slow amid disputes over the body of water that China claims
virtually in its entirety. In the absence of such an agreement, they have followed a separate document called the
Declaration on the Conduct of Parties in the South China Sea, or DOC, which among other provisions, commits
the parties to “exploring ways for building trust and confidence ... on the basis of equality and mutual respect.”
Along with the Philippines, ASEAN members Malaysia, Vietnam and Brunei also maintain claims in the South
China Sea that overlap with those of China and Taiwan. An estimated $5 trillion in global trade annually passes
through the South China Sea, which is also home to rich fishing grounds and a potential wealth of oil, gas and
other natural resources.
One Belt One Road: China-Pakistan warmth, India skips summit
SIGNALLING ITS strong displeasure at the inclusion of the China-Pakistan Economic Corridor (CPEC) as part of
the One Belt One Road (OBOR) initiative, India decided not to send a high-level representative for the Belt and
Road Forum that begins in China.
“Regarding the so-called ‘China-Pakistan Economic Corridor’, which is being projected as the flagship project of
the OBOR, the international community is well aware of India’s position. No country can accept a project that
ignores its core concerns on sovereignty and territorial integrity,” said the Ministry of External Affairs (MEA)
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