Category Archives: India

Analysis of the Jadhav case in the ICJ

Jadhav’s case is based on numerous controversial and contentious premises, especially because it is yet another instance of extreme rivalry between the two nuclear-armed neighbours.

Kulbhushan Sudhir Jadhav, an Indian national and a secret military agent was arrested in Balochistan on 3 March 2016 on allegations of espionage and terrorism against Pakistan. Owing to Jadhav’s two confessional statements, one in March 2016 and the other in June 2017, Jadhav was sentenced to death in April 2017 for espionage. Meanwhile, India insisted that Jadhav was not guilty, classified this decision as a “pre-meditated murder”, and turned to the International Court of Justice (ICJ) for support and help to invalidate Jadhav’s pronouncement of guilt. As a consequence, the implementation of Jadhav’s death sentence was postponed. Approximately one year later, on Wednesday 17 July 2019, the ICJ pronounced its judgment on Jadhav’s case based on the public hearings that began on 18 February 2019. In its judgment, the ICJ had ruled that Jadhav be allowed consular access immediately, and asked Pakistan to ensure effective review and reconsideration of his conviction and sentences. This was in accordance with Article 36 of the the Vienna Convention on Consular Relations 1963 (VCCR). 

Article 36 states that “when a national of a foreign country is arrested, they must be informed of the right to have their country’s consulate notified and should also have the right to regular consultation with their consulate’s officials during their detention and trial.” Perhaps, through this verdict, the ICJ sought to fill all the possible gaps; it wanted to allow a fairer and a more acceptable trial to take place; it wanted to make up for matters that previously went unnoticed when dealing with Jadhav. The fact that Jadhav’s case has so many areas of analyses, each depicting a unique picture of the case, is noteworthy. Initially, Pakistan argued that Jadhav shouldn’t be allowed consular access. Continue reading

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Filed under Courts, Criminal Justice, Criminal law, Discussion, ICJ, India, Pakistan, Politics

India’s tit-for-tat policy in its trade war with the United States: A master stroke or miscalculation?

India has long had a field day putting tariffs on American products. No longer acceptable!

Because the G-20 failed to restore the international trade order, on 9 July 2019 American President Donald Trump fired off yet another Twitter attack. This tweet from the US President was posted after a few days of the G-20 Summit, when he met Indian Prime Minister Narendra Modi at the sidelines of the G-20 Summit late last month, where the two leaders agreed upon further meetings to resolve the escalating matter of trade disputes which included import quotas on agricultural goods and to put price caps on medical devices. The other hindering topics included:  outsourcing of intellectual property protections on generic drugs. Moreover, ever since taking office, President Trump has focused on reducing bilateral trade deficits to reduce national security impact of steel and aluminum imports, however, a deadlock was avoided up until the recent but significant change in Prime Minister Modi’s approach after getting elected for a second term.

The decision to revoke India’s status for special trade treatment and the slap back tariffs by India on US goods and services has quickly led Washington and New Delhi towards an impasse. The desire 0f the Modi  government to please domestic constituencies has further aggravated the situation to a tit-for-tat stand-off and India has escalated a trade battle by slapping new tariffs on American goods, a battle that was never worth fighting and may now indeed backfire. Furthermore, India had announced retaliatory tariffs back in June last year, but they were recently implemented. The 120% tariffs on US goods and services are limited in nature and largely symbolic but show a shift from restrain to a tit-for-tat policy by India. Modi government’s shift backward on market openness, with increasing tariffs on a few dozen goods, new regulations on e-commerce and a push for data localization in its growing digital economy is what has upset the Trump administration. Continue reading

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Filed under Discussion, Economy, India, Pakistan, Politics, Trump, United States

Mr Tariq Khosa discusses security and governance challenges facing Pakistan

Pakistan’s national objective is based upon pursuing social justice through peace and security …

On Saturday, July 20, 2019, former Federal Secretary, Inspector General of Police and Director General FIA, Mr. Tariq Khosa, visited The Pakistan Institute of International Affairs, where he addressed the members of the Institute on Internal Security and Governance Challenges confronting Pakistan. He started his speech by explaining that he does not have any political affiliations or any personal agenda. He expressly stated that his lecture did not intend to offend any segment of society. While discussing terrorism and internal security challenges he focused on three ‘Ms’, (i) Mullah; by which he meant religious extremists, who by design deliberately promote a mindset that proliferates violence, (ii) Military; who he said are the big part of the problem, yet they are a bigger solution to those issues, and (iii) Militants, in shape of non-state actors who have eroded the authority of the state. He spoke about the Karachi Operation which started under the command of the Karachi police force, with the support of Intelligence Bureau, in September 2013. 

He explained that since 2013, terrorist incidents in Karachi have declined by 70%. Subsequently, 373 terrorists were killed and 521 were arrested from 2015 till 2018. Unfortunately, the police faced the major brunt of this operation, with a total of 450 police officers who were martyred, 163 in 2013 which reduced to 6 in 2018. Mr. Khosa recounted that it was not the Pulwama Incident which made us change our strategy on the use of non-state actors, but that the decision was taken along with the present government in January 2019, emphasizing that there would not be any non-state actor in the future. However, the efficiency of this policy is yet to be seen. He further explained how the Police Reforms were constituted by the Supreme Court, in a committee of serving IGs as well as nine retired IGs who had served in all the provinces and have come up with a seven-point agenda to reform governance issues. Continue reading

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Filed under Accountability, Criminal law, Discussion, Events, Human Rights, India, Karachi, Pakistan, Pakistan Horizon, Police, Politics

India’s Cricket Monopoly

When talking about the world’s second most popular sport, one cannot ignore India and the Board of Control for Cricket in India (BCCI). The title is precisely apt because not only does BCCI rule cricket in India, it has become exceedingly powerful in the global cricket fraternity. indeed, on the global plane, cricket is governed by an organization known as the International Cricket Council (ICC) which supervises the world’s 105 cricketing nations. The ICC was originally founded in 1909 by three nations: England, Australia and South Africa. Along with other global sports, cricket’s ruling body was mainly dominated by West. While cricket was declining in the West it started getting popular in this part of the world mainly in Pakistan and India. So much so that now, cricket has more fan base and viewership than the national games of both the countries. With this, ICC saw a power shift within itself concluding with BCCI taking over the authority in 1997 and assuming 80 per cent control of the Council’s finances and establishing itself as a ruling force of governance in cricket. BCCI has made ICC its subsidiary which operates on behalf of its master. 

The reason for this monopoly of Indian cricket board is the major source of revenue that it generates which the ICC cannot afford to defy and hamper its relationship with the BCCI.  With India’s growing influence and dominating eminence and with increasing fixation of Indian Premier League (IPL) among people, BCCI is becoming ever so stronger and commanding in the cricket world. So how does India make use of its power? By ensuring that cricket flourishes more in the home country which in turn hinders development in the rest of the member countries. The recent introduction of the 20/20 format perhaps shows the biggest opportunity for BCCI to achieve a cricketing monopoly as the overwhelming enthusiasm is being displayed by hard-nosed businessmen and sports and entertainment pundits for BCCI and IPL. Continue reading

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Filed under Cricket, Discussion, India

Foreign forces are to blame for Afghan conflict: Rustam Shah Mohmand

Former Ambassador to Afghanistan urges Pakistan to shift focus away from India.“The India-centric approach will have to be reviewed because it doesn’t deliver much” he said. Watch Video

PIIA recently held a talk on the Afghan conflict and this is Peerzada Salman’s news report of our event from Dawn. He said there is only one reason for the Afghan conflict: foreign forces. And if Pakistan and Afghanistan are to have good relations for a lasting peace in Afghanistan, Pakistan has to review its India-centric policy. This was the point that Rustam Shah Mohmand, former ambassador of Pakistan to Afghanistan, gave significant emphasis to during his talk titled The Afghanistan conflict: emerging dynamics and impact on Pakistan at The Pakistan Institute of International Affairs (PIIA) on Wednesday evening. Mr Mohmand said what he was about to say might not be liked by some people. He then gave a robust historic perspective on the Afghan issue by asserting that most conflicts in the world were unnecessary, underlining that the country faced British imperialism in the 19th century, Russian invasion in the 20th century and US invasion in the 21st century.

Mr Mohmand said there were many theories about the 9/11 incident (who carried out the attacks and whether any Afghan was involved) that made the US invade Afghanistan. In 2001, the attack was launched and seven or eight months later President Bush announced that Afghanistan had been liberated, and “the liberation continues”. During the invasion unspeakable crimes against humanity were perpetrated. Taliban supporters were arrested, and 3,000 people (mostly innocent) were choked to death in containers. More than 200,000 civilians had been killed, villages decimated and markets blown up chasing invisible and visible enemy. Mr Mohmand asked: “What has the war delivered?” Ninety per cent of Afghanistan’s GDP comes from either foreign funding or spending by coalition forces inside the country. Domestic revenue is five to seven per cent of the GDP. Malnutrition in children is 39pc and unemployment is 45pc. Continue reading

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Filed under Al Qaeda, Balochistan, China, Disarmament, Discussion, India, ISIS, Pakistan, Pakistan Horizon, Politics, Taliban

FATF: Where does Pakistan stand?

The Pakistani delegation in Paris received messages that India had asked other member states to put Pakistan on the blacklist.

Pakistan made a high-level political promise earlier in 2018 to work closely with the Financial Action Task Force (FATF) and APG to improve its Anti-Money Laundering/Combating Financing Terrorism (AML/CFT) policies and to cater to its strategic counter terrorist financing-related weaknesses. Steps were taken in order to operationalize the combined database for its currencies enunciation regime, as acknowledged by the FATF at a meeting earlier this February. The statement however concluded that Pakistan needed to meet the expectations of the action plan by May 2019 in order to be de-listed from the FATF’s ‘grey list’. Pakistani officials were surprised as they had been under the impression that the FATF had been appreciative of the steps that had been taken place in January as per requirement by the FATF and AML/CFT. Pakistan needs to address its geopolitical ‘deficiencies’ to be able to qualify for a de-listing.

Some of these ‘deficiencies’ include the understanding of the threat posed by terrorist groups like the Jaish-e-Muhammad and Falah-i-Insaniyat and that ‘authorities are identifying cash couriers and enforcing controls on illicit movement of currency.’ Further demotion from the ‘grey-list’ could hinder Pakistan’s foreign investment and deter the access to international markets as Pakistan is already deeply infested in a financial crisis. India pressed Pakistan to make public the measures taken against terrorist organizations to which Pakistan replied saying that it was up to them whether or not to publicize actions taken against these groups and that it would not kneel down to pressure from India. A country being labeled a ‘state sponsor of terrorism’ should not be an instrument used in order to halt terrorist activity; it is a very burdensome label to put upon a state struggling to save its own citizens from the threat terrorist organizations have posed for decades. Continue reading

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Filed under Discussion, India, Pakistan, Pakistan Horizon, Politics, UK, United States

Our recent event on the current standoff between India and Pakistan

Kashmir is not going to die now. It is going to be the centrepiece … watch video of our event here

This is coverage from The News about our recent event about the ongoing tensions between India and Pakistan. The probability of a major armed conflict between Pakistan and India seems to be receding and all chances seem to suggest that due to the intervention of certain foreign quarters, the standoff between the two countries has begun to subside. These views were expressed by former foreign secretary and diplomat Najmuddin Shaikh while addressing a gathering of the city’s intellectual elite and media at the Pakistan Institute of International Affairs (PIIA) on Saturday evening. The theme of the evening was, “The future of the current standoff between India and Pakistan”, the two speakers being Najmuddin Shaikh and Lt-Gen (retd) Tariq Waseem Ghazi, former defence secretary, Pakistan. Shaikh said that Kartarpur was an important element in the equation. He said that no substantial damage had been done and termed the repatriation of an Indian fighter pilot as a highly statesman-like gesture on the part of Prime Minister Imran Khan.

He said that one Adil Ahmed Dar was arrested on September 10, 2017. Was he the same Adil Ahmed Dar that had been pinpointed by the US State Department dispatch? There has been no proof forthcoming from the Jaish-e-Muhammad (JeM). Who is this Dar? He has been reported to be on the move constantly. Is he related to the Dar the US has pointed out? All the people pointed out are from India-held Kashmir and not from Pakistan as the Indian media would have the world believe, but they had no links with the (JeM). Thus, he said, the JeM had offered India and the world a propaganda victory. “Objective reality is much more important than perception,” Sheikh said. Continue reading

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Filed under Discussion, Events, India, Kashmir, Pakistan Horizon, PIIA, Politics