LEGALITY OF MILITARY TRIALS OF CIVILIANS

Abstract

The issue concerning the validity of judicial tribunals and their exercise of power over civilians was the request to trial citizens in military courts in 2022. Numerous scholarly articles and court decisions havse addressed the subject of civilian trials before military tribunals. Different people have different opinions on whether this unique habit is good or bad. The case has not been resolved definitively by the higher courts. The notion that international treaties have an immediate and tangible impact is one that Pakistan rejects. However, similar to other dualist states, its constitution incorporates several rights granted by such accords. However, the international transnational regimes' interpretations of these rights are quite different from the case law's. Many people still doubt that civilians prosecuted in military tribunals can be considered legitimate under international rights protection institutions. The spread of the modern concept of sustainable justice adds more complexity, since it seems to be at odds with and even contradictory to these governmental policies in Pakistan. In order to investigate the potential for harmonisation, this qualitative research article compares and contrasts conventional constitutional interpretations with disputes in pertinent international agreements. It foretells a future course of suggested alterations by outlining a futuristic suggestion. The legal system has its roots in the colonial era but has been significantly influenced by Islamic law, especially in personal matters like family law, which incorporates Sharia principles. The Constitution lays down a comprehensive legal framework, highlighting the principle of separation of powers between the legislature, executive, and judiciary. This ensures the independence of the judiciary, which is a cornerstone of the legal system in Pakistan.

Keywords: Legality, Military trials, civilians, Military Courts, public high rights