Legal Framework of Civilian's Trial in the Military Courts of Pakistan Viz-a-Viz International Fair Trial Standards

Abstract

Civilian trial in military courts is not a novel concept in Pakistan as it has been practiced multiple times in the country. However, the term has surfaced again with the events following the political unrest in Pakistan in May 2023. The government of Pakistan announced the trial of 33 civilians arrested on the allegation of inciting violence against the armed forces of the country. This announcement spurred uproar in the multiple fractions of civil and legal societies of Pakistan and also attracted concerns from International Human Rights Organizations. In this research, the workings of the military courts in Pakistan are investigated along with the analysis of the military laws and procedures in light of international human rights law. The study finds that the trial of civilians in military courts does not fully observe the standards of fair trial as guaranteed by the international human rights law that binds the state of Pakistan legally to comply. Military courts are established to try military personnel and instead of trying civilians in the military courts, the paper recommends that judicial reforms should be introduced in the civilian legal system to make it more robust and effective.