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Countering Terrorism: Constitutional and Legal Framework (A Critical Appraisal of Judicial Strategies of Pakistan)
Pakistan is immensely affected country of terrorism after 9/11. To curb this menace, legislative measures were adopted. However, after the Peshawar Army Public School attack in 2015, the Parliament amended the Constitution through 21st constitutional amendment and authorised the Military Courts to try the alleged civilian terrorists. But, it is alleged by international human rights activists that empowering the Military Courts in Pakistan amounted to a violation of international human rights obligations. It is also contended that Pakistan has ratified ICCPR and Article 14 of the Covenant guarantees fair trial of every person by a competent, independent and impartial court or tribunal and trial of civilians by Military Courts is a violation of such right. It is grund norm of the criminal justice system that the legal protection and procedural safeguards of every person must be defended even in the midst of the war against terrorism. This research critically analyses the scope of Military Courts over alleged civilian terrorists in the purview of constitutional judicial structure of Pakistan in connection with international human rights regime.
Dr. Saqib Jawad
Civil Judge-Islamabad, Pakistan
Dr. Barkat Ali
Assistant Professor, Department of Law, The Islamia University of Bahawalpur, Punjab, Pakistan
PhD Scholar, Faculty of Law, University of Malaya, Malaysia
Human Rights, Military Courts, Model Courts, Speedy Justice, Terrorism