Davis case may end up in International Court of Justice if US-Pak standoff persists
February 24th, 2011 - 11:50 am ICT by ANI
Islamabad, Feb 24(ANI): The lingering US-Pak dispute over the diplomatic immunity issue of double-murder accused American official Raymond Davis may end up in the International Court of Justice, if efforts to resolve the matter diplomatically and bilaterally do not succeed.
Although the US has been insisting that it is focused on settling the standoff with Pakistan bilaterally, sources suggest that the dispute could be referred to the ICJ, which is the principal judicial organ of the United Nations.
“There is a dispute resolution mechanism. There is an optional protocol to Vienna Convention on Diplomatic Relations (VCDR)… under which there is a provision for the dispute to be notified to the International Court of Justice,” the Dawn quoted a diplomatic source, as saying.
While both Pakistan and the US are signatories to the ‘optional protocol’ to the VCDR,
a reference to the ICJ in a dispute over immunity is rare, and the only precedent is that of the 1979 Iranian hostage crisis.
“States realise that they have to work it out together,” the diplomatic source said.
The VCDR’s optional protocol has mandatory jurisdiction and the ICJ “decision will be binding on the states”, said the source, who is an international law expert.
“It will be the responsibility of the state concerned to bring its actions in conformity with international law,” the expert stressed.
Meanwhile, a US embassy official questioned the jurisdiction of Pakistani courts to criminally prosecute Davis.
“Since he enjoys immunity the matter shouldn’t have been in the court in the first place,” the official said, adding that Pakistani courts didn’t have jurisdiction to hear his case.
Prime Minister Yousuf Raza Gilani told the National Assembly on Monday that the two countries continued to differ on the interpretation and applicability of international and national laws in the Davis case.
Indecision on part of the Pakistan government to decide on Davis’ immunity has added to confusion in the case, but it is widely speculated that delaying tactics by the federal government are being employed to provide the US Embassy and the victims’ families an opportunity to reach a compromise. (ANI)
- Davis case may end up at the International Court of Justice - Feb 24, 2011
- Petition filed in Pak court to make America 'party' in Davis immunity case - Mar 01, 2011
- Lahore HC quashes petition to make Ambassador Munter party to Raymond Davis case - Mar 08, 2011
- Pak Govt likely to seek more time from court to decide on Davis' immunity status - Mar 13, 2011
- Davis to have legal counsel during trial court proceedings in Pakistan: US Embassy - Mar 16, 2011
- Zardari aides hope Pak, US will 'work out differences' on Raymond Davis' detention - Feb 10, 2011
- Davis had ID card of US consulate in Peshawar - Feb 20, 2011
- Lahore HC admits petition to make media reports part of Davis immunity case - Mar 02, 2011
- Two US law experts reach Lahore to provide legal assistance to Davis - Mar 05, 2011
- CIA mulls targeting Pak envoys abroad as reprisal against Davis' continued detention - Feb 25, 2011
- Pak Govt to tell court Davis doesn't enjoy blanket immunity: Sources - Mar 13, 2011
- Pak court rejects two petitions filed against Raymond Davis - Mar 07, 2011
- PPP to sack Wahab for echoing US stand on Davis' diplomatic immunity status - Feb 18, 2011
- Double murder-accused US official 'not immune from criminal prosecution': Qureshi - Feb 24, 2011
- Wahab's stand on 'illegal detention' of Davis not Pak Govt or PPP's views: Babar - Feb 15, 2011
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