Thursday, June 8, 2023

Now we'll hear from the other side

Pakistan Observer has published this op-ed by attorney Ayesha Liaqat Butt, attempting to justify the country's return to military trials of civilians. She concludes:

The prevailing misinterpretation of the Army Act and its Military justice system has led to considerable discontent amongst the masses. The fear of infringement of the basic Human rights and degradation of democracy has further exasperated the situation. However, with the basic conceptual understanding of the Army Act and its Military Justice system it would be easier to receive the rumours spread indiscriminately over the social media with a more logical standpoint.

One point calls out for specific comment. The author cites Jadhav (India v. Pakistan), a 2019 decision of the International Court of Justice in a case involving an Indian national tried by a Pakistani military court, and argues that it is telling that the ICJ found no fault in Pakistan's court-martial of a civilian. In fact, the only question before the ICJ was whether Pakistan had denied the defendant his right to consular access as guaranteed by the Geneva Convention on Consular Relations.

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