Despite a brief climate-change moment in Paris, where Prime Minister Narendra Modi was seen shaking hands and talking animatedly with his Pakistani counterpart Nawaz Sharif, the government on Wednesday announced reversal of its earlier position, not invoking the jurisdiction of the International Court of Justice (ICJ), in relations to disputes with neighbouring country. In reply to an unstarred question in Lok Sabha, minister of state for external affairs Gen VK Singh said government has reviewed this conventionally held position and would be now open to invoking the jurisdiction of the ICJ.

The reviews owes to the case pertaining to Captain Saurabh Kalia of 4 Jat Regiment who was killed during the 1999 Kargil War while being held as a prisoner of war by Pakistani forces. His dead body was found badly mutilated, with his eardrums pierced, eyes punctured, teeth and bones broken, and limbs and genitals cut or chopped off.

Since then his father NN Kalia has been knocking doors demanding punishment to perpetrators, who had violated Geneva Convention on treatment of war prisoners. He had moved the Supreme Court in 2012 seeking a direction to MEA to approach the ICJ for action.

On August 31, the government informed the Supreme Court that India could not approach the ICJ, arguing both countries were in the Commonwealth whose members had agreed not to approach the ICJ over hostilities and armed conflicts. Rajya Sabha MP Rajeev Chandrasekhar and NN Kalia last month petitioned the Geneva-based United Nations Human Rights Commission (UNHRC), to declare this act a war crime, and also to identify, and punish all the perpetrators. "The UNHRC has informed us that the case will come up for hearing soon," said an aide of Chandrasekhar.

Gen VK Singh told Lok Sabha that India had conventionally held the position that India and Pakistan cannot invoke the compulsory jurisdiction of the ICJ in relations to disputes concerning armed conflicts, hostilities etc, as both are members of the Commonwealth Nations. "However, this position has been reviewed. Subject to Supreme Court's pronouncement in an ongoing matter in the Court, government would be open to invoking the jurisdiction of the International Court of Justice,"he said.

Earlier this year, Singh had told Rajya Sabha that a solution through international courts "was not found feasible". Soon after Kargil, India had shot down a Breguet Atlantique patrol plane of the Pakistan Navy, killing all 16 people on board over the Rann of Kutch. Pakistan had dragged India to ICJ, invoking the UN charter. However, India had then cited a 1974 declaration that ruled out the jurisdiction of the ICJ over cases involving present or past Commonwealth nations.

India could not approach

On August 31, the government informed the Supreme Court that India could not approach the ICJ, arguing both countries were in the Commonwealth whose members had agreed not to approach the ICJ over hostilities and armed conflicts. Rajya Sabha MP Rajeev Chandrasekhar and NN Kalia last month petitioned the Geneva-based United Nations Human Rights Commission (UNHRC), to declare this act a war crime, and also to identify, and punish all the perpetrators.(Agencies)