The Jamaatud Dawa cannot use the International Court of Justice (ICJ) to overturn the sanctions imposed on it or the crackdown against it, say legal experts. Jamaatud Dawa chief Hafiz Muhammad Saeed had claimed that the organisation would seek the arbitration of the ICJ after the United Nations Security Council (UNSC) placed sanctions on them. Saeed's son, Talha Saeed, also said that a legal challenge would be made in the ICJ against the crackdown, adding that there was no moral or legal justification for the sanctions. Legal experts told Daily Times that the ICJ could only entertain states, adding that individuals; non governmental organisations; parts of a federal state; corporations; UN organs; and self-determination groups were excluded from direct participation in cases.
However, a state may bring a case against another state in a situation where 'diplomatic protection' is brought into question, on behalf of one of its nationals or corporations, they said.
In line: Constitutional law expert SM Zafar said that as the crackdown against the organisation was in accordance with a resolution of the UNSC, no court could be moved to take action. He said that the only way to overturn the council's decision was a lengthy procedure in which they may request the UNSC to de-list them. He also said that this was the only way and no other legal forum was available, including the ICJ.
To a question, he said that Pakistan would not be able to take the case before the ICJ, adding that the only way that would have been possible was if any member from the UN had vetoed the resolution.
Another expert, AK Dogar, said that the jamaat could not bring the case before the ICJ, and if it wanted to challenge the actions of the Pakistan government, they would have to go through the high courts and Supreme Court. He said that if the organisation challenged the government's actions in the ICJ, the countries sovereignty would be questioned. However, he claimed, the government had used illegal means to detain the outfit's leaders. He said that the government was supposed to issue detention orders prior to the detention, but in this case the orders were issued days after the arrests and detention, which is against the fundamental rights granted to every citizen in the Constitution of the Islamic Republic of Pakistan.