In the line of justice

The concept of military justice has evolved over centuries, forming a cornerstone of a nation’s ability to uphold discipline within its armed forces and maintain national security. The military courts, staffed by qualified judges and other trained personnel, are essential to this framework, dealing with offences committed by military personnel.

In rare instances, these courts have the authority to handle civilian cases, especially those related to treason, terrorism, or acts that threaten national security. Pakistan is not the only place where this extension of jurisdiction takes place, as it is a universal practice aimed at ensuring quick and efficient justice in critical situations. The principles behind Pakistan's decision to try individuals involved in the May 9, 2023 attacks under military laws demonstrate the seriousness of their offences and the necessity of decisive action.

The arrest of PTI Chairman Imran Khan on May 9, 2023, was a day of unprecedented violence in Pakistan that will never be forgotten. Chaos was unleashed by orchestrated mobs, which targeted military and public properties with calculated malevolence. The destruction of the Shuhada Monuments, the attacks on General Headquarters (GHQ), and the destruction of the historic Radio Pakistan building shocked the nation. The vandalism of Jinnah House, which was once the home of Pakistan's founding father and temporarily a home for Lahore's Corps Commander, was one of the most symbolic affronts.

The coordinated attacks sent a wave of insecurity across the country, tarnished Pakistan's image globally, and posed important questions about the motives of the perpetrators. However, the PTI leadership, which includes Imran Khan, denied their involvement, deeming the events as government conspiracies to damage the party. The organisers' intentions were revealed when leaked audio recordings and other evidence contradicted their claims. To tackle this breach of national security, the government utilised the Pakistan Army Act (PAA) and the Official Secrets Act (OSA) to prosecute those accountable.

Pakistan's judicial system includes military courts, which were established by the Pakistan Army Act of 1952 and strengthened by constitutional amendments. The Supreme Court of Pakistan has consistently upheld its jurisdiction in cases related to serious offences against the state.

A robust procedural framework is in place in these courts to guarantee the accused's fundamental rights, similar to those afforded in civilian courts. The process is designed to ensure fairness and transparency through the provision of legal counsel, appeal, and judicial review. Civilians who are tried under the Army Act are treated similarly, with safeguards for arbitrary detention, double jeopardy, and custodial torture, in line with both domestic laws and international human rights standards.

The legal system for transferring civilian cases to military courts is well-established in Pakistan. Section 549(3) of the Criminal Procedure Code (CrPC) and Rule 7(f) of the Criminal Procedure (Military Offenders) Rules of 1970 empower civilian authorities to refer cases involving offences that can be tried by military courts. These provisions are clearly applicable to the May 9 events, which involve attacks on military installations and the theft of classified documents. International humanitarian law (IHL) backs the trial of criminals in military courts during internal or external armed conflicts, as long as the trials comply with principles of justice.

Despite critics arguing that political turmoil is not a form of armed conflict, the severity and coordinated nature of the May 9 attacks warrant the application of military law. Military trials are limited to individuals who were directly involved in planning and executing these attacks, which dispels the notion of indiscriminate prosecution.

Amnesty International and other organisations have expressed concerns about the trial of civilians in military courts, which require careful examination. International conventions emphasise the importance of civilian courts, but they also recognise exceptions in cases of national security. This framework is aligned with Pakistan's approach, which ensures that trials under the Army Act comply with constitutional parameters and international obligations.

Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights both prohibit torture and inhumane treatment, which Pakistan is committed to respecting. Domestic laws strictly address allegations of custodial torture or solitary confinement, which reinforces Pakistan's compliance with human rights standards.

It is not unprecedented or unique for military law to be applied in the May 9 cases. Military courts are used by countries all over the world, including democracies and developing nations, to handle serious crimes against the state. The US and India are examples of countries that have employed military tribunals in cases related to terrorism and espionage.

Pakistan's decision to charge the May 9 perpetrators under military laws is a pragmatic way of safeguarding national interests. The military courts' effectiveness in addressing extraordinary challenges stems from their ability to expedite trials and ensure justice in complex cases. Pakistan's commitment to justice and the protection of its sovereignty is reflected in its focus on individuals with clear evidence of culpability.

The May 9 tragedy serves as a reaffirmation of the fragility of national security and the importance of strong legal mechanisms. The military courts' role in tackling these offenses is not a deviation from democratic norms, but rather a confirmation of the state's commitment to uphold rule of law.

Pakistan's system has procedural safeguards and judicial oversight that can be used to defend against accusations of injustice even if critics question the fairness of military trials. Pakistan's institutions need to be strengthened and a collective commitment to preserving its unity and integrity should be encouraged as a result of the events of May 9.

As the trials continue, it is essential to concentrate on delivering justice, ensuring accountability, and rebuilding trust in the country's capacity to protect its citizens and future.

The writer is a freelance contributor and writes on issues concerning

national and regional security.

She can be reached at: omayaimen333@gmail.com