Military Courts in Pakistan in the Light of Common Article III of Geneva Conventions

Master's Thesis from the year 2019 in the subject Law - Comparative Legal Systems, Comparative Law, International Islamic University (FACULTY OF SHARIAH AND LAW DEPARTMENT OF LAW), course: LLM, language: English, abstract: This research work raises concern regarding Pakistan¿s international obligations and the consequences of establishing a parallel judicial system in the country. This work is descriptive and analytical in nature and is based upon statutes, case laws, books, and online resources from the internet. Military courts are neither a new phenomenon nor an alien concept in Pakistan. Military courts, special tribunals, or legislation have been formulated many times in our history. It was always maintained that such developments were the requirements of extraordinary circumstances, but besides having such measures taken, nothing has ever been achieved to curb the sedition. The Army Public School massacre had jolted the nation and left the entire nation in deep sorrow. Consequently, a national action plan was formulated to deal with terrorists, and military courts were established to try those who were terror suspects. Although circumstances were extraordinary, can a compromise be justified to override the principles of justice?