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The International Court of Justice (Review and Re-consideration) Act, 2021

Act XL of 2021 · 3 pages

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       THE INTERNATIONAL COURT OF JUSTICE (REVIEW
              AND RE-CONSIDERATION) ACT, 2021




                                          CONTENTS
                                           ___________

1.   Short title and commencement

2.   High Court’s power to review and reconsider

3.   Disposal of petitions for review and re-consideration

4.   Removal of difficulties

5.   Act to have overriding effect




                                            Page 1 of 3
               THE INTERNATIONAL COURT OF JUSTICE (REVIEW
                      AND RE-CONSIDERATION) ACT, 2021

                                                                                       [1st December, 2021]

                                         ACT NO. XXIV OF 2021
                                                    AN
                                                    ACT

     to provide for the right of review and re-consideration in giving effect to the judgement of the
                                       International Court of Justice
        WHEREAS it is expedient to provide for the right of review and re- consideration to foreign
nationals, in relation to orders and judgements of military courts;

       It is hereby enacted as follows:
          1. Short title and commencement.(1) This Act shall be called the International Court of
Justice (Review and Re-consideration) Act, 2021.

         (2) It shall extend to the whole of Pakistan.

         (3) It shall come into force at once.

         2. High Court’s power to review and reconsider.(1) where,

               (a)   the International Court of Justice in relation to a foreign national passes an order in
                     respect of rights under Article 36 of the Vienna Convention of Consular Relations
                     of 24 April, 1963; or

               (b) a foreign national is aggrieved in respect of the rights available under Article 36 of
                    the Vienna Convention of Consular Relations of 24 April, 1963,

such foreign national, either himself or through his authorized representative, or through a consular officer
of a mission of his country, or in default whereof, the Secretary, Ministry of Law and Justice in an
appropriate case, may file a petition before a High Court for review and re-consideration, in terms of
section 3, with regard to an order of conviction or sentence of a military court operating under the Pakistan
Army Act, 1952 (XXXIX of 1952):

            Provided that any petition already filed or pending shall be treated as a petition having
been filed under this section.

              Explanation.”High Court” means a High Court established under Article 175 of the
Constitution of the Islamic Republic of Pakistan, within the limits of whose territorial jurisdiction a foreign
national is confined.

       (2) The petition for review and re-consideration may be filed within sixty days of
                                                 Page 2 of 3
        (a) the commencement of this Act against the order of the military court specified in sub-
             section (1) existing prior to the commencement of this Act; or

        (b) the order of the military court specified in sub-section (1), if such order has been delivered
             after the commencement of this Act.

         3. Disposal of petitions for review and re-consideration.(1) In deciding a petition filed
under section 2, the Court shall examine whether any prejudice has been caused to the foreign national in
respect of his right of defence, right to evidence and principles of fair trial, due to denial of consular
access according to the Vienna Convention on Consular Relations of 24 April, 1963.

         4.      Removal of difficulties.If any difficulty arises in giving effect to any provisions of this
Act, the President may make such orders as may appear to him to be necessary for the purpose of removing
such difficulty.

         5. Act to have overriding effect.The provisions of this Act shall have effect notwithstanding
anything to the contrary contained in any other law for the time being in force including the Pakistan Army
Act, 1952 (XXXIX of 1952).



                                               ____________




                                                                                    RGN Date: 15-12-2025

                                                 Page 3 of 3


Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.

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