India Calls UN Security Council if Pakistan defies ICJ verdict
The problem is ICJ’s order cannot be enforced the way domestic court judgements can, and Pakistan may claim it had not agreed to the case at the judicial branch of the UN. But the Indian government officials said there was no ambiguity in Thursday unanimous judgement, which it said created a legally binding international obligation on Pakistan and was the “essential first step” in saving the former navy official accused of spying by Islamabad.
“It is clear that as long as a final decision does not come, Jadhav should be safe,” foreign ministry spokesperson Gopal Baglay. The ruling will help in finding remedy to “violation of Jadhav’s rights and also the violation of international convention by Pakistan”, he said.
ICJ is a body where you go by consent. One of the issues Pakistan is seeking to raise is that ‘we have not consented’, so jurisdiction is an issue they are looking to challenge. Such judgements are binding when countries accept them to be binding.