Abstract
Terrorism has changed the national and international security milieu over the last few years; however, there have been metamorphoses in the phenomenon of defining security in light of new threats of terrorism. This research critically evaluates the anti-terrorism legal regime of Pakistan along with its structural flaws. While vigorous efforts to defeat terrorism have taken place in Pakistan, much needs to be done to achieve de-radicalisation along with identifying and addressing areas of vulnerability. This research moves in three directions: firstly, it looks into the background of extremism in terms of ethnic and sectarian conflicts that led Pakistan to embark on the journey to combat terrorism; secondly, it evaluates how these laws aimed exclusively at countering terrorism have not been as effective as hoped; and thirdly, it offers an in-depth analysis of flaws in the judicial system and analysis of capacity gaps in relation to prosecution of terrorist offences in Pakistan. Lastly, this research makes recommendations for eliminating the causes of institutional and legal inefficiencies that feed and nurture terrorism in Pakistan. The qualitative method is used in this research, which holds that Pakistan needs to make effective structural changes to implement counterterrorism strategies constructively, such as, capacity-building of judiciary and law enforcement agencies, acceptance of innovation in investigation methods, amendments in procedural laws and comprehensive, unambiguous and detailed legislation. Amendments to existing anti-terrorism laws need to be adapted to the changing security trends in the region. In order to combat the high rate of acquittal under these laws, a strong and focused approach is required.
Highlights
Terrorism and counterterrorism acquired a new connotation after 9/11
With the recognition of the Taliban government, Pakistan, being a frontline state in the Global War on Terrorism (GWOT) and with its internal disturbances, has anti-terrorism laws that have often been criticised by international human rights organisations
The objective of this study is to identify the gaps in these laws and how these gaps can be filled whilst keeping in mind the new security challenges
Summary
Terrorism and counterterrorism acquired a new connotation after 9/11. The need to find a legal and just answer to the new “crime,” both these fields have evolved phenomenally in the wake of 9/11. From the issues of missing persons to the increased terror attacks internally, Pakistan found itself changing security archetypes This challenging situation has taken a critical twist in the post-withdrawal phase of American forces in A fghanistan. In the wake of regional events such as Pakistan’s involvement in the proxy war of Afghanistan in 1978, along with the Islamic revolution in Iran, Pakistan fell right into the trap of Islamisation and Islamic militancy These events changed the whole dynamics of Pakistan’s politics and state structure. Special courts have been created under the Anti-Terrorism Act, 1997 (ATA), Protection of Pakistan Act, 2014 (POPA) and the twenty-first amendment to the Pakistani Constitution 2015, which established military courts for trying terrorists These laws were added to the two primary statutes, the Code of Criminal Procedure, 1898 and the Pakistan Penal Code, which provide for terrorism-related offences. The objective of this study is to identify the gaps in these laws and how these gaps can be filled whilst keeping in mind the new security challenges
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