Counterterrorism vs. human rights in Pakistan: A critical ICCPR-based evaluation of the anti-terrorism act and its implementation

Abstract

The paper will analyze the legal framework of counterterrorism in Pakistan against the international standards of human rights, as well as the major laws related to this matter, including the Anti-Terrorism Act 1997 and its further amendments. Even though Pakistan is grappling with major security issues within its borders, the counterterrorism practices have cast grave doubts on the issue of due process, arbitrary detention, and the application of military courts. The paper critically evaluates the compatibility of these laws with the international documents, i.e., the International Covenant on Civil and Political Rights (ICCPR), on which Pakistan is a signatory. Special consideration is paid to the right to fair trial, anti-torture, and freedom of speech. This paper will argue that even though the national security issues are justified, they have to be weighed against the main human rights requirements. It concludes that extensive reforms are required to make sure that the counterterrorism regime in Pakistan adheres to standards of international law and fosters effective security and the rule of law.