THE HINDU Editorial Vocabulary-May 13, 2017- Topic 1

Saving Kulbhushan Jadhav

India’s decision to approach the International Court of Justice (ICJ) to stall the possible execution of Kulbhushan Sudhir Jadhav in Pakistan is an unusual move impelled by the peculiar circumstances of the former naval officer’s case. Sentenced to death by a military court after what was a summary and arguably bogus trial, he is in imminent danger of execution. His case now hinges on an appeal against his conviction on charges of espionage and on petitions for mercy before Pakistan’s Chief of Army Staff and President. 

India’s main contention is that Pakistan had committed “egregious violations” of the Vienna Convention on Consular Relations by repeatedly denying consular access to Jadhav for over a year. His family members have not been issued visas to travel to Pakistan and help him pursue appellate remedies. Pakistan had also linked the consular access issue to India’s “assistance” in its investigation into Jadhav’s alleged activities. With India instituting the case, the ICJ President has written to Pakistan to act in such a way that any order passed by the court would have its appropriate effect. While this virtually operates as a stay on Jadhav’s execution, a substantive interim order is expected only when the court hears India’s application for “provisional measures” at its hearing on May 15, pending adjudication of its plea for declaring Pakistan’s actions as violative of international law. New Delhi’s position is that Jadhav is innocent and that he was “kidnapped” by Pakistani agents from Iran.

On the face of it, India’s decision to move the ICJ may appear somewhat incongruous in the light of its position against internationalising its disputes with Pakistan. However, this is not the first time that it has approached the world court against Pakistan. In 1971, it wanted the ICJ to decide the limited question whether the Council of the International Civil Aviation Organisation had the jurisdiction to question India’s suspension of overflight rights to Pakistani aircraft. India has every claim to approach the ICJ to protect the life and rights of its nationals. One round of focussed legal proceedings does not amount to giving up its stated position on resolving other issues on a bilateral basis. However, it is likely to face a stiff challenge from Pakistan both on merits and by way of preliminary objections. Pakistan is likely to argue that consular access to Indian prisoners on its territory is governed by a bilateral agreement signed in May 2008. It is likely to quote a clause on reciprocal consular facilities that says, “in case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merit”. While Pakistan is free to cite legal and technical points in its favour, it hardly requires iteration that it should avoid any precipitate move that would frustrate the ongoing proceedings before the ICJ. Pakistan’s adherence to international law will be under test.

Vocabulary

Stall: an individual compartment for an animal in a stable or barn, enclosed on three sides.

Example: This configuration recalls the form of traditional livestock barns with a center walkway and animal stalls to each side.

Synonyms: pen, coop, sty, corral, enclosure, compartment

Execution: the carrying out or putting into effect of a plan, order, or course of action.

Example: He was fascinated by the entire operation and its execution

Synonyms: implementation, carrying out, accomplishmen

Impelled: drive, force, or urge someone to do something.

Example: Financial difficulties impelled him to desperate measures

Synonyms: force, compel, constrain, oblige, require, make, urge, exhort

Peculiar: belonging exclusively to.

Example: The air hung with an antiseptic aroma peculiar to hospitals

Synonyms: characteristic of, typical of, representative of, indicative of

Imminent: about to happen.

Example: They were in imminent danger of being swept away

Synonyms: impending, near, fast approaching, coming, forthcoming

Espionage: the practice of spying or of using spies, typically by governments to obtain political and military information.

Example: Balzac pumped him for information on organised crime and political espionage .

Synonyms: spying, infiltration, eavesdropping, surveillance, reconnaissance

Contention: an assertion, especially one maintained in argument.

Example: Statistics bear out his contention that many runners are undertrained for this event

Synonyms: argument, claim, plea, submission, allegation, assertion, declaration

Adjudication: the action or process of adjudicating.

Example: The matter may have to go to court for adjudication

Synonyms: judgment, decision, pronouncement, ruling, settlement

Incongruous: not in harmony or keeping with the surroundings or other aspects of something.

Example: The duffel coat looked incongruous with the black dress she wore underneath

Synonyms: out of place, out of keeping, inappropriate, unsuitable, unsuited

Reciprocal: given, felt, or done in return.

Example: She was hoping for some reciprocal comment or gesture

Synonyms: given/felt in return, requited, reciprocated