The Kulbhsuhan Jadhav case was the fourth time that India and Pakistan fought a case against each other at The ICJ. However, it is the first time that The ICJ has passed a significant ruling on a case, with the previous three cases either being dropped or dismissed due to lack of jurisdiction. These are a few cases where India and Pakistan clashed horns at the ICJ over the years: (With inputs from Shaurya Bhaskar )
The ICJ’s judgment was sought to resolve a case between the two countries in 1971 when Pakistan had lodged a complaint to the International Civil Aviation Organization(ICAO). Pakistan claimed that India had breached the protocol of International Civil Aviation Convention and the International Air Services Transit Agreement. India followed up with an appeal to the ICJ claiming that The ICAO had no jurisdiction to decide Pakistan’s complaint, as it was a matter of International peace and security. The ICJ dismissed the Indian appeal by 14-2 votes and determined that the Organization’s Council did have the authority to hear Pakistan’s claim. Thus, India lost the first case in The ICJ vs. Pakistan in 1971. The matter was later dropped by both countries in 1976 because Pakistan no longer required rights that granted it permission to fly over Indian soil, after Bangladeshi independence.