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Sunday, February 24, 2019

Race to (or from) the courthouse?

Two big things are going on right now with respect to Pakistan's military courts. First, the constitutional amendment permitting them to try civilians will expire in a few weeks. Second, the International Court of Justice is weighing India v. Pakistan (Jadhav Case), in which India has sought to make the defects in Pakistan's military courts a major issue even though the case arises under the Vienna Convention on Consular Relations. The ICJ is a far cry from a "rocket docket," but if the judges are sufficiently dismayed by Pakistan's use of secret military courts, might they issue an interim ruling before the Pakistani Parliament votes on a further extension of those courts? If so, might that affect legislative action to again amend the Constitution, which requires a 2/3 vote of each chamber?

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