WAR ON TERROR AND CHALLENGES FOR CRIMINAL JUSTICE IN PAKISTAN

Abstract

The US launched War on Terror (WOT) with an intent to bring the perpetrators and abettors of the 9/11 incident to justice in its own terms and satisfaction. The US became the sole judge in its own cause, ousted Taliban government and eliminated Al-Qaeda leadership. This approach of retributive justice demonstrated the US hegemony and pursuit of realism. Pakistan joined the WOT in the wake of US threats but became the subject of terrorism and ultimately turned into a battlefield in the fight against terrorism. National and internal security of Pakistan was jeopardized. Performance of the agencies of criminal justice system became subject of open public criticism. Consequently, the Armed Forces had to assume the responsibility of national security and administration of justice, which is against the principle of tricotomy of power enshrined in the constitution. This research proposes that the WOT has collapsed the whole edifice of criminal justice system in Pakistan. In order to analyse this proposition, the research explores causes of WOT and examines American rationale for initiating WOT. The study also explores effects of WOT on national security and criminal justice system of Pakistan as well as different parameters of its criminal justice system vis-à-vis terrorism. It also discovers different theories of crimes and examines utility of different theories of punishments in deciding terrorism-related cases. The study also discovers history and evolution of security and anti-terrorism laws of Pakistan and the effects of amendments introduced after 9/11 on the criminal justice in Pakistan. The research also examines role and efficacy of courts martial as an alternative mechanism for criminal administration of justice in terrorism cases. The study is mainly based on qualitative analysis and extensive review of literature on the subjects of national security, peace and conflict, international humanitarian law, legal theories and analysis of the laws relating to terrorism. The dissertation has been organized into seven chapters, with separate introduction and conclusions. The study does not prove the hypothesis to the hilt. Nevertheless, it concludes that the criminal justice system of Pakistan did not succeed in meeting the challenges of WOT and play its effective role in eradicating the menace of terrorism through justice. The study recommends that WOT may be successfully fought through a comprehensive strategy based on equal cooperation, ownership and devotion of all the stake-holders.