Ahmad Ali
Military tribunals have long been a tool for many nations when it comes to handling cases involving civilians, particularly during times of crisis marked by political instability and national security threats. These tribunals, often reserved for military personnel, have also been used on rare occasions to try civilians involved in grave offenses, especially those that threaten national security. Such trials are not unique to Pakistan, as several other countries, including Argentina, Turkey, China, Sri Lanka, and Malaysia, have provisions that allow civilians to be tried under military law under exceptional circumstances. However, the legal context, procedures, and oversight mechanisms differ from one country to another. In Pakistan, the legal framework for military trials of civilians is deeply embedded in the country’s constitution and laws, and its procedures are subject to judicial oversight, making it a subject of ongoing debate.
In North Africa, countries like Libya, Tunisia, Egypt, and Morocco have also employed military courts for civilians accused of national security crimes. In Egypt, for example, under Article 204 of the constitution, civilians who attack military officials or buildings can be tried in military courts. Similarly, Argentina, Venezuela, and Brazil have also used military courts for offenses against the state. For instance, during Argentina’s military junta from 1976 to 1983, many civilians were tried in military courts. In 2019, Brazil tried civilians accused of participating in protests against the government. Similarly, in Asia, countries like Myanmar, Bangladesh, and Thailand have used military courts to prosecute civilians.
In Pakistan the 21st Amendment to the Constitution, passed in 2015, reinforced the legal foundation for military tribunals in Pakistan, specifically in the context of the war on terror. This amendment was a direct response to the Army Public School attack in Peshawar, which left over 140 people dead, most of them children. The amendment allowed for the establishment of military courts to try civilians accused of terrorism and similar national security offenses. This was seen as a necessary step in ensuring quick and effective justice in response to the growing threat of extremism in the country. In addition, the Protection of Pakistan Act of 2014 provided further legal tools for the prosecution of individuals who posed a threat to the country’s national security, making it clear that military tribunals were a tool for addressing the most serious threats to the state.
Judicial oversight is a crucial component of Pakistan’s system, as it ensures that military trials are not conducted in a vacuum. Once a civilian is tried and convicted by a military court, they have the right to appeal to the civilian courts, ensuring that the military tribunal’s decision can be reviewed for fairness and legality. This safeguard is important to prevent any potential misuse of military law, particularly in cases where political motivations might be at play. Over the years, civilian trials under military law in Pakistan have been controversial, yet they have also been widely supported when the state faces serious security threats. The recent trials of civilians in the wake of political unrest in 2023, where more than 100 individuals were convicted for involvement in anti-state activities, have drawn both domestic and international attention.
Countries like the United States, the United Kingdom, and the European Union have criticized these military trials, calling them unfair and potentially violating human rights. However, it is essential to recognize that military tribunals have been an integral part of Pakistan’s legal framework for decades, and the country’s Supreme Court has consistently upheld their legitimacy. The recent foreign criticisms of Pakistan’s military trials, especially after the December 2024 convictions, seem more directed at public optics than an informed understanding of the legal and constitutional provisions that guide such trials. Pakistan’s laws, including the Pakistan Army Act and the Protection of Pakistan Act, have provided a clear and legal basis for these trials since the 1960s. Additionally, the ongoing legal reforms and efforts to strengthen the civilian justice system should be acknowledged. Pakistan’s legal system is not static, and ongoing discussions about judicial reforms aim to improve the transparency and efficiency of the country’s civilian courts. Recent pardon given to 19 convicts of 9 May vandalism by the Chief of Army Staff further proves the efficacy and transparency of these trials in military courts.
It is time for Pakistan to build on the progress made through these trials and move towards a more inclusive reconciliation process “Healing touch”, as manifested by the Chief of Army Staff, General Asim Munir following principles of fairness and compassion. By fostering a spirit of national unity, Pakistan can build a stable and prosperous future where the rule of law is respected and upheld by all. Through such reconciliation and a focus on judicial reforms, Pakistan can emerge stronger, ensuring a bright future of our next generations.
The Author is a research fellow at Epis Think-tank Germany and an intern at Kashmir institute of International relations. His fields of studies include Foreign Policy and Conflict Resolution.
