Wednesday, February 19, 2025

Pakistan and the court-martial of civilians

"Justice Naeem Akhtar Afghan of the Supreme Court’s constitutional bench stated on Tuesday that international law does not explicitly prohibit the court-martial of civilians."

Staff Report, Civilians court martial not prohibited under international laws: Justice Afghan. Pakistan Today, 19 February 2025.

Posted by at

1 comment:

  1. Eugene R. FidellFebruary 19, 2025 at 9:35 AM

    From The International News (excerpt)::

    During the hearing, Justice Jamal Mandokhail questioned the consequences of violating international principles. In response, Raja stated that failure to adhere to international standards meant that the trial was not fair. Justice Mandokhail further inquired about the impact of such violations by states, to which Raja responded that some international principles are binding, while others are not.

    Referring to Article 10-A of the Constitution, Raja argued that the right to a fair trial was included in the Constitution based on international principles. However, Justice Afghan maintained that there is no explicit ban on court-martialing civilians in international law.

    Raja also stated that in the UK, military trials are overseen by independent judges rather than military personnel. He recalled past judicial practices in Pakistan, where civilian officials such as deputy commissioners and tehsildars were authorised to conduct criminal trials, which led to the argument that if they could conduct trials, so could military officers.

    Additionally, Raja referenced a United Nations Human Rights Committee report, which claimed that Pakistan’s military courts lack independence and urged the government to grant bail to individuals held in military custody.

    https://www.thenews.com.pk/latest/1284099-civilians-trial-in-military-courts-not-against-int-l-laws-top-court-judge

    ReplyDelete

Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).

Subscribe to: Post Comments (Atom)