NEAR EAST UNIVERSITY
GRADUATE SCHOOL OF SOCIAL SCIENCES INTERNATIONAL LAW PROGRAMME (LL.M)
TARGET KILLING IN FATA (PAKISTAN) AND AN INTERNATIONAL HUMAN RIGHTS LAW, A CONTEMPORARY ANALYSIS
BIBI RUQAYYA
MASTER’S THESIS
NICOSIA 2018
BIBI RUQAYYA
TARGET KILLING IN FATA (PAKISTAN) AND AN INTERNATIONAL HUMAN RIGHTS LAW, A CONTEMPORARY ANALYSIS
MASTER’S THESIS
SUPERVISOR DR.TUTKU TUGYAN
NICOSIA 2016
We as the jury members certify the ‘...’ prepared by the ... defended on .../..../.... has been found satisfactory for the award of degree of Master
ACCEPTANCE/APPROVAL
JURY MEMBERS
... (Supervisor)
Near East University
Graduate School of Social Sciences
... (Head of Jury)
Near East University
Graduate School of Social Sciences
... Near East University
Graduate School of Social Sciences
...
Prof. Dr. Mustafa Sagsan
Graduate School of Social Sciences Director
I Bibi Ruqayya hereby declare that this dissertation entitled Target Kıllıng in FATA (Pakıstan) and in interrnational Human Rights Law A Contemporary Analysıs’ ‘has been prepared myself underr the guidance and supervision of ‘Dr.Tutku Tugyan” in partial fulfilment of the Near East University, Graduate School of Social Sciences regulations and does not to the best of my knowledge breach and Law of Copyrights and has been tested for plagiarism and a copy of the result can be found in the Thesis.
DECLARATION
o The full extent of my Thesis can be accesible from anywhere. o My Thesis can only be accesible from Near East University.
o My Thesis cannot be accesible for two(2) years. If I do not apply for extention at the end of this period, the full extent of my Thesis will be aaccesible from anywhere.
Date Signature Bibi Ruqayya
DEDECTION
TO MY FAMILY AND FRIENDS
ACKNOWLEDGEMENTS
First of all, I thank Allah Almighty—the most merciful and the most magnificent—for granting me strength and constancy to complete the thesis and to substantiate the research work with solid scholarly sources.
I offer my sincerest gratitude to my supervisor, Dr.Tutku Tugyan, who has supported me throughout my thesis with his patience and knowledge whilst allowing me the room to work in my own way. I attribute the level of my Master’s degree to his encouragement and effort and without him this thesis, too, would not have been completed or written. One simply could not wish for a better or friendlier supervisor.
I would also like to acknowledge with much appreciation the crucial role of the staff of Near East University, who gave the permission to use all required sources and the necessary materials to complete this dissertation.
I would like to gratefully acknowledge various people who have been journeyed with me in recent years as I have worked on this thesis.
Finally, I owe my gratitude to my parents—especially my Father, Mother, and Brother Syed Muhammad Waqas and my Sisters, Aisha Syed, Maidah Syed, for their prayers, encouragement, and unconditional support, which enabled me to complete my thesis. .
BIBI RUQAYYA NICOSIA
ABSTRACT
TARGET KILLING IN FATA (PAKISTAN) AND AN INTERNATIONAL
HUMAN RIGHTS LAW, A CONTEMPORARY ANALYSIS
Target killing due to drone attacks has become a major problem after the 9/11 attacks and drone attacks as an aftermath of 9/11 has caused killing of terrorists and civilians alongside Durand Line. Pakistan being neighbor of Afghanistan suffered a lot due to drone attacks and many Pakistanis especially of FATA were killed in those drone attacks.
In this research, we will discuss the target killing of people of FATA in drone attacks and the impact of drone attacks in Pakistan, while because of drone attacks militancy, religious extremism and violence were promoted which further results in suicide attacks in Pakistan and the allied forces in Afghanistan. History of drone technology and drone attacks has been elaborated the international human right laws, which were violated by these drone attacks.
It also discusses the Pakistan ‘s role in war on terror and military operation lead by Pakistani forces for eliminating the terrorism in the region and how drone attacks had violated the sovereignty of Pakistan and international human rights laws.
International and national laws on the said topic illustrated that how drone attacks had violated the provisions of UN charter, Universal Declaration on Human Rights HR, International Covenant on Civil and Political Rights ICCPR, European Convention, American Convention on Human Rights and Constitution of Pakistan,1973. Illegality of drone attacks under national and international laws is also discussed. Right of life and right to fair trial under national and international human rights are given emphasis. In last research work is concluded, which includes suggestion and recommendations for resolving this issue and minimize the suffering of innocent victims of these drone attacks.
ÖZ
FATA'DA HEDEF ÖLÇME (PAKİSTAN) VE ULUSLARARASI BİR İNSAN
HAKLARI HUKUKU, ÇAĞDAŞ ANALİZ
Drone saldırıları nedeniyle hedef öldürme 9/11 saldırılarının ardından büyük bir sorun haline geldi ve 9/11 sonrasında drone saldırıları Durand Hattı ile birlikte teröristlerin ve sivillerin öldürülmesine neden oldu. Afganistan’ın komşusu olan Pakistan, insansız hava saldırıları nedeniyle çok acı çekti ve bu insansız hava saldırıları sırasında özellikle FATA’lı birçok Pakistanlı öldürüldü.
Bu araştırmada, FATA halkının drone saldırılarında hedef öldürme ve Pakistan'da drone saldırılarının etkilerini tartışacağız. Drone saldırılarının militanlığı, dini aşırılık ve şiddet olayları teşvik edildi; bu da Pakistan ve müttefiklerin intihar saldırılarıyla sonuçlandı. Afganistan'daki kuvvetler.
Ayrıca Pakistan'ın bölgedeki terörizmi ortadan kaldırmak için Pakistan kuvvetlerinin önderlik ettiği terör ve askeri operasyondaki savaştaki rolünü ve drone saldırılarının Pakistan'ın egemenliğini ve uluslararası insan hakları yasalarını nasıl ihlal ettiğini tartışıyor.
Bahsedilen konuyla ilgili uluslararası ve ulusal yasalar, drone saldırılarının BM tüzüğü, İnsan Hakları İnsan Hakları Konvansiyonu Evrensel Bildirgesi, Uluslararası Medeni ve Siyasi Haklar Sözleşmesi ICCPR, Avrupa Sözleşmesi, Amerikan İnsan Hakları Sözleşmesi ve Pakistan Anayasası hükümlerini ihlal ettiğini göstermiştir. 1973. Ayrıca, ulusal ve uluslararası yasalar uyarınca drone saldırılarının yasadışılığı da tartışılmaktadır.
Son araştırmada, bu sorunu çözmek için öneri ve önerileri içeren ve bu dron saldırılarının masum kurbanlarının acısını en aza indirgeyen bir araştırma çalışması yapıldı.
Anahtar Kelimeler:Hedef öldürme; Drone saldırıları; Durand çizgisi; BM; Drone teknolojisi;
TABLE OF CONTENTS
ACCEPTANCE/ APPROVAL
DECLARATION
DEDICATION
ACKNOWLEDGEMENTS...iii
ABSTRACT...iv
ÖZ...v
CONTENTS...vi
LIST OF FIGURES...x
ABBREVATIONS...xi
CHAPTER 1...1
INTRODUCTİON...1
1.1. Target Killing Under International Human Right ... ..1
1.2. History of Target Killing in Pakistan ... 3
1.3. What is Target Killing……….…………...……...………..…...…………4
1.4. Historical Background of Federal Administered Tribal Areas...6
1.5. FATA: Abolished and Merged...7
1.6 Objective of Rersearch...10
1.7. Importance Of Research……….…………...…………...………10
1.8. Research Problem...10
1.9 Research Question...11
LITERATURE REVIEW...12
2.1.Spatial and Temporal Effects...15
2.2. Militancy in Federal Administered Tribal Areas of Pakistan...17
2.3. Militant Capabilities and Reduction in Terroriest Violence in FATA...19
2.3.1. Disruption...19
2.3.2. Degradation...20
CHAPTER 3...21
LAW AND ANALYSIS...21
3.1.Target Killing By Drones Attackes...21
3.1.1. What is Drone... ...21
3.1.2. History of Drones...22
3.1.3. Incident of 9/11 Main Cause of Drones Attacks...22
3.1.4.Their Response of US on 9/11 Incident...24
3.2. War On Terrosism...24
3.3. Role of Pakistan in the Globle War on Terroism...25
3.4 Drones Attacks in Pakistan... 27
3.5. Military Operations by Pakistan Army...28
3.7.United state Drone Attacks on Pakistan and its effects and Consequenes...29
3.7.1. Drone attacks violation of Pakistan sovereignty...29
3.7.2. Drones Strikes Violation of Pakistan Constitution Pakistan...30
3.7.3.US Drone attacks Violates pakistani soverginty under UN...30
CHAPTER 4...35
INTERNATIONAL LAWS...35
4.1. What is Non-International Aramed Conflict...35
4.2. Drone Strikes as Part of Armed Conflict...36
4.3.1. ICCPR Abolishmenat of Death Penalty...37
4.4.Right of Fair Trial Under Different International And Rregional Docume...38
4.4.1. UDHR Article 10...38
4.4.2. International Convention on Civil and Political Rights...38
4.4.3.Geneva Conventions-Internatıonal Rights to a Fair Trial when crimes are not alleged...38
4.4.4. Regional Laws and the Rrights of Fair Trial...39
4.4.5. Article 10-A of the Consitution Pakistan and Fair Trial...39
4.6. Parallel Applicability of Human Rights and Humanitarian Laws in Laws in
Situations of Armed Conflict ………....………...40
4.7. Universial Recognition of the Rights to Life...41
4.7.1. Article 09 of the Constitution of Islamic Republic of Pakistan 1973...42
4.8. Arbitrary Depravation of Life/Extra Judical Execution...42
4.9. Protection from 'Arbitrary' Deprivation of Life...43
4.9.1. Conventional Texts Except for the African Charter...44
4.9.2. International Convenant on civil and Political Rights...44
4.9.3. American Convention on Human rights...45
4.9.4. European Convention of Human Rights and Fundamental...45
4.10. Illegality of US drone attacks under the international law...45
4.11. Legality under international human rights...47
4.11.1. Requirement of Absoulte Necessity...48
4.11.2. Requirement of proportionality...48
4.12. The Case of NACTA...48
CHAPTER 5
...50
RECOMMENTATION CONCLUSION...51
5.2. Recommendationt for the enforcment of international laws aganist target..killing...52
5.3.Pakistan govt Dialogue process with Taliban leadership to slove the.issue...53
5.4. Recommendation for political administrative and judical reforms in FATA...54
5.5. Recommendation for Economic and Developmental Reforms...57
REFERENCES...60
PLAGIARISM REPORT... ETHICS COMMITTEE REPORT...
LIST OF FIGURE
ABBREVATIONS
FATA...Federally Administrative Tribal Area KP...Khyber Pakhtunkhwa ICCPR...International Covenant on Civil and Political Rights (1966) ICECSR...International Covenant on Economic, Social and Cultural Rights (1966) ICRC...International Committee of the Red Cross IHL...International Humanitarian Law PATA...Provincially administrative tribal area UAVs...Unarmed Ariel Vehicle UDHR... Universal Declaration of Human Rights (1948) FCR...Frontier Crimes Regulation ISI...Inter-Services Intelligence IMU...Islamic Movement of Uzbekistan NATO...North Atlantic Treaty Organization SSG...Special Services Group TTP... Tehrik-i-Taliban Pakistan
CHAPTER. 1 INTRODUCTION
1.1. Target Killing Under İnternational Human Rights
The discussion is on the primary question on the permissibility of State-sponsored targeted killing apprehension the temporal and territorial scope of applicable laws of human rights. The existing opinion is that, apart from specifically permitted derogations, rights to life are protected under human rights law and the time of war or state emergency1.the use of lethal force observed law enforcement standard to the extent
that how the state control a territory wholly or partially some scholar say that binding force of human right to life is obligatory and its beyond the territorial jurisdiction state must respect the life and ensure that right to life as agent operate.
Law requirement standard of human rights law becomes lacking when the violence between a State and composed prepared non-State performing activists achieves the limit of a non-international armed conflict. However, it has appropriately been emphasize that the failure of a State to arrest people whose capture would ordinarily be allowed by the law does not really involve that their killing becomes legitimate. It is in this manner broadly held that, even in conflict; the operation of using power against all people who are not authentic military targets must consent to human rights measures2.
The permissibility killings in light of the privileged to life are typically analyzed dependent on the fundamental human rights conventions, and the statute of their
1Naftali Ben and Michaeli, ‘We Must Not Make a Scarecrow of the Law’, Preventive Killings.P.183 2Nils Melzer, Targeted Killing in International Law (2009).
particular actualizing bodies. Additional direction is found in the act of the united nation charter based on human rights organization, most outstandingly the previous UNHRC and its special reporters and in united nation supported instrument, for instance, the UDHR, the united nation code of conduct for LEO 1979 and the united nation basic rules on the use of force and weapons by LEO 1990. Regardless of whether deprivation of life is 'subjective' is resolved in the light of the conditions of every specific case. It is commonly perceived that the utilization of lethal force under human rights law is represented by the absolute need, which necessitates that the utilization of lethal force be basic to remove the solid risk, and the guideline of proportionality, which necessitates that the utilization of lethal force be justified in perspective of the severity of that threat..3
The use of lethal force only allowed when there is no alternative way to protect the life and there is no other solution of the problem except the use of lethal force to prevent the risk of target killing in question, the application of the rule of proportionality, on the other hand, right to life required tends to prevail the safe enforcement of law. In strict senses, the use of lethal force must not to kill but to make unable the target killer to attack or runaway, and its proportionality isn't estimated by reference to the severity of a criminal past offence, however by reference to the seriousness of the actual danger which he or she carry on in present.
Generally, under the international human rights law target killing is permitted only in situation when there is no other way to remove the imminent danger to life or serious injuries4. The lethal force can’t be used for offences committed in past, it is necessary to
concern with judicial authorities5, to punished or imposed penalty if it lack of scrutiny
may be compare to target killing and it is also breach of laws related to fair trial, under international human rights law the governing rules of target killing and action of using lethal force is related to be uncontroversial.
3Kremnitzer, Preventive Killings, p. 2.
4Ben-Naftali/Michaeli, ‘We Must Not Make a Scarecrow of the Law’, pp. 286 f.; Ruys, License to Kill?, pp. 20 f.;
Kremnitzer, Preventive Killings, p. 2; Amnesty International, Israel Must End its Policy of Assassinations, pp. 2, 6; PCATI/LAW, Assassination Policy of Israel, p. 78
The standards governing the permissibility of targeted killings under human rights law are merge and comparatively uncontroversial. Nevertheless, the specific implications of the distinction between potentially lethal force, and force used with the intention to kill have received only brief attention. Likewise, it will be worthwhile to examine whether extreme circumstances, such as ongoing hostilities or the threat of a massive terrorist attack, can significantly influence the interpretation of the requirements of complete inevitability and proportionality., however, the important question is state sponsored killing and clarified the permissibility of those killing under human rights law relate to the applicability of the law more than to the interpretation of its standards. Thus, it remains uncertain as to what extent States are bound by the conventional right to life beyond situations of territorial law enforcement. It will furthermore clear, that whether international is a source from where we derived the right to life, such as convention and universal principles of law.
1.2. History of Target Killing in Pakistan
The Department of Defense of the U.S has defined 6Unmanned Aerial Vehicles as,
‘’Powered, aerial vehicle that does not carry a human operator, use a forces to provide vehicle lift, can fly autonomously or be piloted remotely, can be expendable or recoverable, and can carry a lethal or non-lethal payload’’. Unmanned Aerial Vehicles or either remote controlled by a vehicle commonly known as Drone. Drones or armed UAV’s used for war purposes. Drones technology is used by the U.S against war and terror to collect the information and plans of terrorist.
On 11 September, 2001 the terrorist attacks on World Trade Center (WTC) of America, al-Qaeda were responsible for these attacks. America starts war against terrorism and attack on Afghanistan. This war is called ‘’war on terror’’, Pakistan is the non-NATO ally of US. After the incident U.S president Bush as chief commander use the drones against al-Qaida many question arose of the legality of drones use by U.S in Pakistan. In June 2004 till now U.S drone attacks in Pakistan which in result killed numerous people and there is a different report regarding the causalities, killing of civilian and militants, in these attacks they target senior leader some of the senior terrorist and tribesman of the locality.
Under the laws, drone attacks are clear violation of the Charter of United Nations and international law. Article 2(4) of the UN Charter which states “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations’7’
The Pakistani government has no clear policy regarding the drone strikes. But government officials condemn and criticize the US drone strikes in federal area of Pakistan; both of the countries have no clear policy regarding the drones attacks by the US in Pakistan both countries laws and international laws. At the same time, Pakistan demand for the control and use of drone President of Pakistan Asif Zardari reportedly said, “Give me the drones my forces will take the action against the militants, then we cannot be criticized by the media and people, our state army take action to protect state sovereignty
USA in several occasion violated the sovereignty and territorial integrity of Pakistan. The examples are Salala incident, Abbottabad Osama bin laden operation and numerous of innocent civilian’s death in drone target killing.
Suicide attacks and bomb blasts in Pakistan are the response of drone’s attacks on terrorists. The drones have dual impact on one hand it breaks the network of the terrorist groups and on the other hand it increases the militancy in the region
1.3. What is Target Killing?
Targeted killing is a technique of using lethal force against human beings. While targeted killings almost consistently engage the use of weapon, there are no limits to substitute methods of taking the human life. The concept of ‘devastating force, must, therefore, contain any violent measure, despite of the means engaged, which is capable of causing the death of a person.
One of the essential elements of target killing is intention, pre planning to kill. The component of target requires that the question is to carried out the process of and intention of to kill the targeted person, as opposite to not deliberate, accidental, controlled or negligent use of lethal force. The element of pre planning requires that this
7Reisman, W. M. (1984). Coercion and self-determination: construing charter Article 2 (4). American Journal of
intention be based on a conscious choice, as divergent to voluntary acts determined by inclination or passion. The element of consideration requires that the aim of the operation is death of the actual person who is targeted in operation to dispossession of life which, although deliberate and planned, remains the subsidiary result of an operation following other aims. While this logic of killing required sometime between the decision and application of lethal force, the related decision can in practice be taken in a split second, thus description significance of the temporal condition merely theoretical. Target killing of individually selected persons:
The target killing of specific individual not in taking part in direct operation, some unspecified random targets and have no physical custody the killing of civilian who is not physically in custody of those who targeting them, this differentiate target killing from extra judicial killing, both or understood as assume to being in physical custody, the endorsement of extra custodial killing of selected person have no effect on the qualification of the act of target killing ,in this context target killing in an extra custodial but not be extra judicial killing as subject to international laws
In relevancy to international law target killing must be related to subject of international law, the primary subject of international law is state, in such circumstances for limited purposes it also includes non-state actors8
In this way, the term “non-State” actor indicates any individual or substance whose direct isn't inferable from States as per the guidelines of general international law administering the duty of States for the lead of their operators. With respect to subjects of international law Deprivations of life owing to non-State actors may, in this way, qualify as focused killings to the degree that international law manages, prevent, or punishes the utilization of lethal force by them. Non-State performers considered to get obligations under international law incorporate, for instance, aggressive and extremist gatherings to a non-international armed conflict this last component of the current definition recognizes focused on killings from taking of life that are neither permitted nor generally directed under international law.
The proposition of Targeted Killing as homicide isn't addition up to international crime, and submitted by private people for reasons not identified with a furnished conflict. In this way the present study under international law, the term 'focused on targeted killing signifies the utilization of lethal force inferable from a subject of international law with the plan, intention and thought to killing independently chosen people who are not in the physical custody of those focusing on them. The study will concentrate on 'State-supported' directed killings, in other words, target killings which are legitimately owing to States as per the standards of general international l law overseeing the obligation of States for the lead of their agents. The subsequent ends will be important with respect to non-State performers to the degree that they are bound by indistinguishable standardizing measures from States.
1.4. Historical background of Federal Administered Tribal Areas
FATA is the 3.4 % of the total area of the Pakistan and it is near to Afghanistan it is divide in seven agencies and remained semi government from independence of Pakistan9 it is low populated area and the lack of focused it is very far from government
machinery that’s way the non-state entities and terrorist find it a safe haven the TTP militant group have ties with al-Qaida from more than ten years and create violence against the state, in Obama government they answered such threats of the non-state entities the surgical strikes and the arrangements in the area. However, sufficient evidence regarding that drone strikes have caused the deaths of innocent civilians and they have continuously violated the state territorial sovereignty. The US government justified the drone in the area against the action of TTP and L-Qaida
Past scholars request have inspected that drone attacks legitimate and non-military personnel implication, a lot of consideration has additionally been coordinated towards Pakistan in the wake of security-related measures, then again, expect to dissect the distinction between the Pre-emptive and Preventive utilization of power, and I endeavor to recognize the principle that goes with the drones campaign in Pakistan, and somehow happened to layout the components that coerce the campaign in FATA. To be sure, as far back as the area expected universal and insightful hugeness, it is
9UmbreenJavaid, “FATA a Breeding Ground of Extremism in Pakistan,” Journal of Political Studies 18 (2011): 174,
productive to examine the conditions that have changed FATA into the central for militancy and surgical strikes.
1.5. FATA: Abolished and Merged
Thirty-first Constitutional amendment passed by National Assembly and Senate last week has comprehensively abolished the word ‘tribal areas’ from legal and constitutional lexicon of the country. As these lines are being written, the KP Assembly is about to meet to give required endorsement to the amendment bill after which President will sign it to make it law of the land. It is hoped that the process will be completed before completion of the tenure of present assemblies on Thursday.10
Not only have all the references to FATA in the constitution been removed however same has been applied to PATA (Provincially Administered Tribal Areas) in Khyber Pakhtunkhwa and Baluchistan too. All agencies and tribal regions consisting erstwhile FATA have now become part of KP and with same laws and administrative structure as other parts of that province.
The reference to FATA in article 1 of the constitution, which names areas consisting Pakistan, has been removed as amendment in article 246 of the constitution has merged the region into province of Khyber Pakhtunkhwa.
Under amended Article 246, areas included in FATA as well as PATA areas in province of Khyber Pakhtunkhwa have been merged with that province. PATA in areas in Baluchistan have been merged in that province. Article 247, which barred application of federal and provincial laws to these areas and banished jurisdiction of respective high courts and Supreme Court to the region has been deleted from the constitution. With this, every law and regulation of the country will have same application in these areas/regions as other parts of the country and people of these regions will enjoy same protection of their rights as their counterparts elsewhere in Pakistan.
It may be mentioned that hitherto only about 180 laws out over 25-volume strong Pakistan code were applicable to FATA. The case of PATA was not much different. Parliament in April had passed Supreme Court and High Court (Extension of Jurisdiction (to Federally Administered Tribal Areas) Act, 2018 to extend the jurisdiction
10Abdul Manan, “Government forms High-Powered Panel on FATA Reforms,” Express Tribune, November 9, 2015,
of Supreme Court and Peshawar High Court to the region. Surprisingly at the time, the parliament did not amend the constitution to remove the bar of jurisdiction of Supreme Court and High Court with regard to tribal areas provided in article 247 of the constitution.11
According to the law of evidence, judging the authenticity of evidence is the responsibility of a trial court. However, here we had a SC judge validating and rejecting presented evidence. It is not clear if the law has been extended to FATA or not. Even if extended, without suitable changes in article 247 it would have been inconsequential. Now with total deletion of article 247 and merger of FATA into KP the extension of the jurisdiction of Peshawar High Court and Supreme Court to FATA is unqualified, total and comprehensive. Same is true of PATA regions in KP and Baluchistan with respect to provincial high courts and Supreme Court.
People of hitherto FATA region have been given representation in provincial assembly of KP. Under amendment in article 106 of the constitution twenty-one additional seats have been provided for in provincial assembly of Khyber Pakhtunkhwa. These will include 16 general seats, four reserved for women and one for Non-Muslims. The seats are strictly in accordance with the share of hitherto FATA region will have in ‘new KP’. Due to short time available till July 25 elections, it has been provided that election for these seats will be held by July 2019.
Seats in the National Assembly are distributed in accordance with the population as ascertained in last population census published. FATA, due to its special status, was given inflated representation in the National Assembly. Presently, average population per seat in other parts of the country is around 0.78 million while that in FATA is just over hour hundred thousand. With the merger of FATA and its placement at par with other areas of the country the seats in the National Assembly for the region will reduce from 12 to six. Additionally, eight seats allocated to FATA in Senate will also go away. However, people of FATA will elect their representatives in accordance with the existing setup during July elections and the MNAs so elected will complete their five-year tenure. Similarly, present members of Senate from FATA will complete their tenures.
Most importantly, dreaded Frontier Crimes Regulation, FCR, which British colonial government had devised to strangulate the tribesmen will be no more; the unfair and draconian law of vicarious and joint liability of the whole tribe for crimes of any member of that tribe under which members of tribal areas even longtime settled outside FATA were held responsible for crimes committed by someone else in their native areas, will be abolished forever. Normal policing and judicial system will replace it. Unlike Malakand Division, where confusion regarding applications of different laws existed till today and had created a number of insurgency-like situations, the present amendment is very clear. The old system has been abolished altogether and replaced with what is being practiced across the country.
Important taxes, including custom duty and income tax, were not extended to FATA and PATA. With the abolishment of their tribal status, all taxes will become applicable in the regions. Prime Minister Shahid Khaqan Abbasi has however promised that the regions will be given tax holiday for five years.12 Though FATA reforms have been on the
agenda of government, parliament and political parties for many years, the sweeping changes which present amendment has made were not envisaged at least by the ruling party, government or various committees it had established. Sartaj Aziz-led committee in its recommendation had just recommended not merger but integration of FATA in KP. It did not recommend extension of all laws to the territory but certain changes in the FCR through new ‘Rewaj Act’.
Constitution amendment bill introduced in National Assembly in May 2017 only provided for giving FATA representation in KP Assembly without any changes in the status of the region or other tribal areas of the country. No changes in Article 1, 246 and 247 were proposed. Even those cosmetic changes were stalled as small but influential allies of ruling PML-N, namely JUI-F and PK-MAP, opposed the move. Now momentous changes have been made despite fierce opposition by the same allies.
It seemed that the issue of any sort of reforms in FATA had been put off at least till the election of the next government. However, suddenly everything changed with the National Security Committee meeting on May 19 in which merger of FATA into KP along
with changes in acts/orders governing Gilgit-Baltistan and Azad Jammu and Kashmir were approved and concerned ministries were asked to prepare proposals. These decisions were adopted by the Federal Cabinet in its May 22 meeting. The same day, Prime Minister took parliamentary leaders from both ruling and opposition alliances into confidence. Thus the whole process of FATA’s comprehensive merger was completed within a week of National Security Committee meeting.
It seems the acceptance which Pakhtun Tahaffuz Movement (PTM) has been receiving in FATA and among FATA Diasporas in other parts of the country has prompted the security establishment to nudge government into making such far reaching changes in governance of the region. As Senator Raza Rabbani said in his address in Senate the other day, it would have been better if parliament on its own had taken the initiative. It would in fact be heartening and a source of strength for the future of democracy in this country if such democratic steps are in fact suggested by the security establishment which in the past has been accused of stalling the same13.
1.6. Objectives of Research
1. To describe the rationale behind carrying out drone attacks into Pakistan’s territory.
2. To analyze legality of Drone Strikes
3. To analyze US and Pakistan point of view on drone strikes.
4. To analyze the effects and consequences of Drone attacks in Pakistan.
1.7. Importance Of Research
Our research explains the GAP between human rights law and target killing in Pakistan.
1.8. Research Problem
The research problem in this project is to explain “human rights law and target killing in Pakistan’’. target killing in Pakistan is a very importent issue form since two decade. Thus, for the study used secondary sources i.e., books, journals, and newspapers, to explain and analyze international human rights law. Some articles, research papers are consulted toget awareness and knowledge about US target killing Drones strikes in Pakistan..
1. 9. Research Questions
1 Is target killing violating the rules of international laws and sovereignty of the independent states?
2 How the drone campaign affecting Pakistan’s internal security situation is and what capacity does the government have in handling this?
CHAPTER 2
LITERATURE REVIEW
It must utilize the developing territorial security and financial circumstance existing after 9/11 and GWOT. The ascent of TTP in FATA tested the presence of the Pakistan's ideological and established presence. These security challenges provoked military tasks inside FATA, filled by good, military, and economic help from the worldwide network. The Pakistan Armed force guarantees that subsequent to having flushed the Taliban out of FATA, including the across the worlddoubtful and allegedly security supported by Haqqanis network14.
it is currently occupied with brushing activities the nation over against underground and sleeper cells of the Taliban.15 due to the total destruction of the order and control
structures of the Taliban, the security circumstance in Pakistan keeps on enhancing fundamentally, and there has been a complex decrease in violence. In 2015, the quantity of the TTP's attacks was the most reduced since its development in 200716.
Pakistan additionally should attempt solid measures to restore the Taliban that was supported by different states Pakistan, the United States, Saudi Arabia, and Afghanistan and made to battle the U.S.S.R amid the Cold War. President Pervez Musharraf highlight that "we help the mujahedeen, let go them with religious energy in theological schools, outfitted them, paid them, and sent them to a jihad against the
14Baqir Sajjad Syed, ‘Operations in FATA Nearing Completion’. 15Ahmad, ‘FATA after Operation Zarb-e-Azb’.
Soviet Union in Afghanistan. We didn't stop to figure how we would redirect them to profitable life after the jihad
Strikes by unmanned aerial vehicles, or automatons, have been the essential weapon utilized by the United States to battle the Taliban and Al-Qaeda in Afghanistan and Pakistan. These strikes do significantly affect Taliban/Al-Qaeda viciousness in Pakistan. He said that the effect of productive and unsuccessful automaton strikes on fear based oppressor assaults by the Taliban17
Drones are the 21st century innovation in technology. Today these Unnamed Aerial Vehicles have turned into the most viable weaponry to be utilized by the sole super power of the world against Al Qaeda and the activists. Pakistan as a Non-NATO ally in the war against fear mongering has been misled by the automaton assaults and with each passing month, the regular citizen causalities are expanding regardless of the dispute by Islamabad to the Washington. The investigation will investigate its future ramifications for Pakistan. The investigation will likewise break down the long objective of US behind the drone18.
War on terror has raised doubt about numerous legitimate ideal models of public international law. To test into some other part of the US arrangement of target eradicate by drones in Pakistan, investigating the legitimate principle of this justification is extremely basic. U.S. government has taken a position in the light of ILOAC that U.S. is at war with Al Qaida, Taliban and their members. U.S visualizes drones attacks of 'war' on psychological oppression. As per ILOAC, a combatant is one who takes coordinate part in direct of threats'19,20.
the war against al Qaeda and different psychological oppressors, unmanned aerial vehicles (rambles) has progressively turned into the United States' weapon of decision.
17David A Jaeger and Zahra Siddique, ‘Are Drone Strikes Effective in Afghanistan and Pakistan? On the Dynamics of
Violence between the United States and the Taliban’ [2011] IZA Discussion Papers 1. Jaeger DA and Siddique Z, ‘Are Drone Strikes Effective in Afghanistan and Pakistan? On the Dynamics of Violence between the United States and the Taliban’ [2011] IZA Discussion Papers 1
18Muhammad Saleem Mazhar and Naheed S Goraya, ‘Drone War against Pakistan: An Analytical Study Muhammad
Saleem Mazhar ∗ Naheed S. Goraya’ (2011) 18 187.Drone war against Pakistan: An analytical study Muhammad SaleemMazhar∗Naheed S. Goraya
19Asmatullah Khan Wazir and Muhammad Zaheer Khan, ‘Mainstreaming FATA through Legal and Political Reforms’
25.
The Pakistani government has freely upbraided the attacks; however its knowledge benefit is participating with the CIA, and has even chosen a portion of the objectives. Researchers have raised various contentions for the lawlessness of American strikes in Pakistan. In the first terrorism is not issue of military, it’s the issue of law enforcement agencies. Second, drone attacks are direct violation of Pakistan’s sovereignty21.
Terrorists attacks in 11, Sep 2001. As indicated by a few media reports, the United States created two parallel programs: one worked by the military, and one worked in secrecy by the CIA. This is about four distinctive issues connected to the United States': the meaning of the war zone and the materialness of the law of war; the personality of targetable people and their status as combatants or civilian under law, the legality of target killings under international laws and the area and status of drone attacks.22
Over the previous decade, the utilization of unmanned ethereal frameworks usually refer by the U.S. government has extended exponentially in degree, area, and return. From September 2001 to April 2012, the U.S. military extended its attacks. Drones are basic counterterrorism apparatuses that advance U.S. interests the world.23
the target killing by drones propelled by the United States on the northwest area of Pakistan since 2004 have not helped in the communicated point of the US to win the war on terror. It wished to find why attacks in Pakistan had not won the war on terror, the fundamental reasons that these drones attacks have not been effective and how these attacks have prompted the expansion of the counter US feeling in Pakistan. He meant to survey the effect of drones in Pakistan and why they are not winning the war on terror. This hypothesis that that war on terror was not being won was the essential thought of this investigation toward the start of the work and the majority of the discoveries regarding the matter point to the way this is in fact evident24.
the US intervention in Afghanistan after the 9/11 occurrence, constrained the high positioning Al-Qaeda leaders to leave Afghanistan and take shelter along the western
21Andrew C Orr, ‘Unmanned, Unprecedented, and Unresolved: The Status of American Drone Strikes in Pakistan
Under International Law’ (2011) 44 Cornell International Law Journal 729.
22 the Law United States' Use of Drones in the War on Terror : the (Il) Legality of Targeted Killings Under International 23Micah Zenko, ‘Reforming US Drone Strike Policies’ [2013] Council on Foreign Relations Special Report 1.
24 Impact of drone attacks in Pakistan and the war on terror : A consideration of the effects of drone attacks in Try
part of Pakistan. The stateless idea of the area encouraged the aggressors to recover and reorganize. The developing impact of Al-Qaeda and Tehreek-e-Taliban Pakistan on the western outskirt of Pakistan not just modified the financial and political existence of FATA, yet in addition made the western part of Pakistan a point of combine for both national and international activist. The US with the end goal to counter the aggressor taking asylum along the western outskirt of Pakistan, started the drone attacks for "target killing". These attacks have made FATA a terrible by offering ascend to the financial tragedies and contracting monetary exercises; disturbing the public activity and have additionally aggravated the mental discouragements amid the most recent couple of years.25
Before implementing authoritative, political, legal, and economic changes, Pakistan's legislature must abrogate FCR, and repeal FATA's exceptional status to convey it to meet remaining with whatever is left of the nation. Pakistan needs to embrace sacred and lawful revisions either to blend FATA with KPK area or make an extra region involving FATA. In this way, Pakistan ought to make different offices and institution, the same to those of KPK territory to hold their fundamental administration capacities. These foundations, through open interest, need to release their capacities to guarantee usage of law, transparency, and responsibility. The FCR must be nullified forthwith, and the workplace of the political agent, FATA Secretariat26
Through the utilization of the essential protected provisos, Pakistan must reinstate the human rights of FATA's population and nullification the upheld act in support to general controls. In 2011, the administration authorized the Act in support to general control to engage the military to direct counterinsurgency tasks inside FATA. Significant statements of the Act in support to general control directions influence essential human rights and give outright powers to the military. Activity in Aid to Civil Power controls should be revoked forthwith as the Pakistan Army as of late asserted triumph in FATA
25Irfanuddin, ‘Drone Strikes in FATA: Impact on Militancy, Social, Economic and Psychological Life’ FATA Research
Centre 82.drone Strikes in FATA: Impact on Militancy, Social, Economic and Psychological Life
while killing the Taliban threat. Abrogating this uncertain direction will help bring back human rights under the U.N, UDHR, and ICCPR.27
The drone strike focus on the Muslim populated zones which make anger in Muslim world and that following coming about blowback empowers enlistment and instigates Islamist fear based oppression. Others fight that rambles strikes aggravate and disfavor fear psychological oppressor gatherings, diminishing their ability of automaton assault. He fined that drones hits are connected with decreases in the event and lethality of dread target executing, and moreover it proclaims the particular target activity against the senior of the tribes.28
2.1. Spatial and Temporal Effects
The drone strikes upset fear based oppressor exercises in their FATA fortifications by redirecting aggressors to different territories somewhere e exercises be able to be proceeded. As a oppose intelligence system, psychological militants might travel into country or urban territories with landscape great to maintaining a strategic distance from automaton observation or focusing on. Country regions particularly ones with tough, uneven territory or substantial tree cover have since quite a while ago offered positive countryside for insurgencies29
That attacks in federal area may build aggress and belligerence in different regions. Its reported that Osama was in compound in Abbottabad which is urban area near Islamabad, where the Osama had been hide from view away for a considerable length of time container Laden exhorted Taliban individuals move Kunar(Afghanistan) region for insurance from the drones attacks: "Kunar is more safe place from the US drones because of its rougher landscape and numerous mountains, streams and trees, and it can suit several the siblings without being covered by the adversary," composed canister Laden30
27 18th Amendment to the Constitution of the Pakistan-1973
28 The Impact of U.S. Drone Strikes on Terrorism in Pakistan and Afghanistan
29James D Fearon and David D Laitin, ‘Ethnicity, Insurgency, and Civil War’ (2003) 97 American Political Science
Review 75
Different s belligerent person have taken protection in town regions to avoid targeting focusing on. Since 2009, Many al-Qaida and Afghan Taliban have been captured in Balochistan, when the drones attacks in FATA rise.13 highly, the fear based oppressor bunches being focused on have systems and region of activity that on both sides of the Durand line, and numerous in the locale don't perceive the British-drawn outskirt. Along these lines, we ought not to suppose the effect of the strikes to be confined to the focused on region. The effect of automaton strikes on fear based oppressor conduct might be fleeting or long-lasting.31
2.2. Militancy in Federal Administered Tribal Areas Pakistan.
Federally administrative Tribal Area is situated in the northwestern side of the area having 27,000 square kilometers with Afghan border. Generally the measure of New Jersey and has a populace of more than 3 million, is dominatingly possessed by ethnic Pakhtun clans. These tribes are further divide into many sub-tribes and groups, yet every one of the seven agencies of the area has a general tribes.32
The area of this region is mountains and highly stony especially the south side of Waziristan is placed, the U.S this area is indirectly the local maliks and political agents with direct involvement a system greater or less keep by the independence of Pakistan.33
The majority of al-Qa'ida's leading commander and center individuals are presently in Pakistan's FATA region, where nearby jihadists who control the territory gave them heaven starting in late 2001 and 2002. Al-Qa'ida's center staff in Pakistan is made up primarily of outside jihadists from over the Muslim world who fills in as the focal center of al-Qa'ida's crusade of worldwide jihad. The essential objectives of al-Qa'ida's center in Pakistan are to build up an Islamic caliphate over the Muslim world, thus al-Qaida’s alliance with affiliated al-Qaida jihadist uprisings in nations, for example, Algeria, Somalia, Syria, and Yemen, and the Indian subcontinent; and to plan or drones attacks against Western nations. The quantity of al-Qaida working in Pakistan is unclear; however various evaluations put it ‘‘between’’ 150 to 300. The TTP was formally settled
31JANE PERLEZ and PIR ZUBAIR SHAH, ‘Porous Pakistani Border Could Hinder U.S.’ The New York times
32Shuja Nawaz and Shuja de Borchgrave, ‘FATA—A Most Dangerous Place’ (2009) 15. 33India’s North-West Frontier
in 2007 as an umbrella association that united somewhere in the range of 40 Islamist group leader, and their gatherings, from over the Federally Administered Tribal Areas and different parts of Khyber Pakhtunkhwa under the administration of a solitary association instructed by the Tehrik Taliban Pakistan's establish Baitullah Mehsuds as head who was killed by the U.S. strike in August 2009.34
Not at all like al-Qaida, the TTP selects a large portion of its individuals locally, and it's anything but an offcials affliated of al-Qaida. Be that as it may, the TTP's essential goals collapse the government of Pakistan and replace it with an Muslim emirate like the one who built up in Afghanistan by the Afghan Taliban in 1990s are probable with al-Qaida, and the TTP is known as one of al-Qaida's associated moments. The third principle aggregate focused by United state strikes are the Haqqani Network. The Haqqani Network coordinates with however is independent from, the Afghan Taliban. It works on the two sides of the Durand line. The Haqqani Network is adjusted ideologically with both al-Qaida and the TTP, and the three gatherings participate in strategic collaboration in mission for shared goals. The Haqqani Network's establishing by Jalaluddin Haqqani, was a mujahideen authority in the counter Soviet war in Afghanistan and held vital positions in the Taliban regime during the 1990s. Haqqani is Pushtun ethnic group that occupies the Paktia and Khost territories of Afghanistan, and has been situated in Nor thence the 1970s. He is credited as having recruited the first clump of Arab volunteers against the Soviets in Afghanistan. The Haqqanis have worked various madras' and preparing camps in the two Waziristans and have had secure bind with key Salafi-jihadi ideologues, including Osama bin Laden and Abdullah Azzam.35
The forces of influence to be worked out, they join in forbidding the activity of physical power by one resident against another. Numerous characteristic imbalances might be permitted to run free, yet all lawful frameworks endeavor to "adjust" people to the degree of avoiding resort to drive by the individuals who are disapproved and ready to utilize this technique for fulfilling their wants. A preclusion on the utilization of power may consequently be viewed as one of the base states of public activity. This is bound
34 The Taliban Revival: Violence and Extremism on the Pakistan Afghanistan Frontier 35Fountainhead of Jihad: The Haqqani Nexus 1973-2012
up with acknowledgment of the privilege to life and physical security as the most fundamental case of each individual. The possibility of physical security as one of the "natural rights" of humankind has a long history, and Blackstone pursued that the privilege to life is a "absolute right" which "every person is free to exercise in society or in it.”36
2.3. Militant Capabilities and Reductions in Terrorist Violence in FATA.
The drone attacks decrease the fear of terrorist risk the terrorist threat posed by these groups. Two instrument are often cited: (1) disruption and (2) degradation.
2.3.1. Disruption
The first system includes the "disruption" of belligerent activities’. This interruption instrument recommends target strikes decrease aggressors' capacity to work in a firm, encient, way and limit their capacity to control near area. Regardless of whether an extremist or fear based oppressor association is the main outfitted performing activist in a zone, as is frequently the situation in tribal area of Pakistan, the more prominent the risk drones represent, the harder it is for the activists to practice coordinate control around there. This runs counter, whose "logic of violence" predicts that when guerillas are the sovereign in a region, radical viciousness will be missing, and since selling out a territory's sovereign conveys restrictive dangers for civilians37. This balance makes
brutality against regular people pointless for the sovereign. For that power is used from government to find this situation, government or U.S. powers lookKing to find aggressors from a territory they control come up short on the essential data to target activists specifically. Kalyvas rationale of savagery recommends counterterrorist activities would in this way probably depend on unpredictable power. Automatons epic insight, observation, and surveillance capacities change these elements in contemporary Pakistan opposite the prior conflict that Kalyvas looks to clarify. In addition to the fact that drones enable United state. to gather data in deprived of zones where they have no view of existence as now the case for the U.S. in Pakistan yet they
36Jaeger DA and Siddique Z, ‘Are Drone Strikes Effective in Afghanistan and Pakistan? On the Dynamics of Violence
between the United States and the Taliban’ [2011] IZA Discussion Papers 1
can likewise solidly weaken to rejecting activists from a remote place, with deadly and separate power.
2.3.2. Degradation
The 2nd component by which automatons might diminish psychological oppression is throughout "degradation." The instrument would propose that ramble strikes decrease fear based oppression by taking fear based oppressor group leaders, and other member of the battlefield. The human loss with profitable aptitudes, assets, or associations impedes a psychological terrorist group’s effective, together with its capacity to keep creating viciousness at a similar rate it had prior to losing it lost key high value persons. Executing center and affliated al-Qaida pioneers are the expressed target of automaton strikes. Automaton strikes have brought about the passing of many best fear based oppressor pioneers. In late 2012, the U.S. organization professed to have disposed of something like 66% of the main 30 al-Qaida main leader in Afghanistan and Pakistan amid the first three years in first term in office President Obama's evaluations ordered by the New America Foundation propose that by August 2014 automaton strikes in Pakistan represented the executing of 64 aggressor pioneers. The rundown incorporates 38 top leader of al Qaida in state function and a few al-Qaida-affiliated and Taliban group members 38
CHAPTER. 3
LAWS AND ANALYSIS
3.1. Target Killing By Drones Attackes
In this chapter is about the main reasons behindU.S target killing by drones attacks, that how U.S make these attacks and what is the laws which declerd it illeagel in most of the cases which are as under.
3.1.1. What is Drone?
The United States defense department has characterized Unmanned Aerial Vehicles as, “Powered, aerial vehicle, that does not convey a human administrator, utilize a powers to give vehicle lift, can fly self-sufficiently or be guided remotely, can be nonessential or recoverable, and can convey a lethel or non lethel payload”. Unmanned Aerial Vehicles or either remote controlled by a vehicle is normally known as Drone. The ‘drone’ nickname comes from the regular vibrant noise that some drones make in flight. There are numerous distinctive sorts of Unmanned Aerial Vehicles (UAVs), as formally known as drones. They can be as huge as business flying machine or as little as hummingbirds, and incorporate human remotely guided aircraft and additionally self-ruling, independently directed vehicles. There are a wide range of kinds of military automatons, yet they fall into two primary classes: it is utilized for government intelligences and insights purposes and those are additionally utilized for military tasks, can be utilized to dispatch missiles and bombs.
3.1.2. History of Drones:
Drones have a long history; it is not a new technology. The uses of drones were started more than hundred years ago. The first manned airplane flight on December 17, 1903. The evolution of drone attacks from World War I unmanned remote-controlled aircraft was created in World War I. it was a bomb-conveying unpiloted biplane that flew on a pre-set course to its target. along with the World War I, it was used by America. The achievement of UAVs in practice run was unpredictable, the military perceived their potential in warfare . For over 10 years after the end of World War I, USA created pilotless air ships in the mid to late 1930s.39
In World War II, Nazis built up a UAV to be utilized against non-military targets. The main extensive scale creation of direction assembled built drone was the result of Reginald Denny. In World War II an alternate methodology was taken: the Navy propelled another program, called Operation Anvil, to target profound German defenses utilizing refitted B-24 aircraft completely filled with explosives and guided by remote control machine to crash at chosen targets in Germany and Nazi’s controlled France. UAVs also took a new task in the Vietnam War. The uses of drones by USA become common during the Vietnam War. Recently almost thirteen years ago on February 4, 2002 the CIA first used the drones in the target killing in the Afghanistan. And from the June, 2004 USA started drones attacks in the different areas of Pakistan especially FATA.
3.1.3. Incident of 9/11 Main Cause of Drones Attacks:
On September 11, 2001, four airliners carried out suicide attacks against targets in the U.S with 19 militants associated with the Islamic extremist group Al-Qaeda hijacked, Including these four plans, two flown on world trade center, one hit Pentagon and one plane crush in Pennsylvania. Mass destruction and targeting is the major step for U.S to combat terrorism and it also defines the Bush presidency. More than 3,000 people including 400 police officials were killed in these attacks in Washington and New York.
39RedOrbit, ‘The History Of Drone Technology’ [2014] Red Orbit
After the incident of 9/11 the politics of the world enters in a new phase. President Gorge W. Bush and his Government litigated these attacks on Al-Qaeda leader Osama bin Laden and the Islamic terrorist group Taliban were responsible for these attacks.
• Case Law Bin Laden Claims Responsibility for 9/11:
On September 16, 2001 Osama bin Laden give statement on Aljazeera channel that he was not cot carried out these 9/11 attacks. After that Al-Qaeda leader Osama bin Laden, apparently claimed responsibility of master minding in 9/11 incident. In U.S Osama bin Laden give statement to Arabic TV station Al-Jazeera, in which he accepted direct responsibility of these attacks40.
• Baitullah Mehsud case
On August 5, 2009, two Hellfire rockets let go from an American Predator drone crashed through the top of a house in northwest Pakistan. Lying on the top of his dad in-law's home was Baitullah Mehsud, the leader of the Pakistani Taliban. Alongside Mehsud, the blast executed his father- in-law, his relative, his wife, his uncle and seven guards.
It took three days for standard news sources to affirm bits of gossip about theTaliban leader demise as the Taliban moved to keep the news from spilling out; Pakistanis regularly sentence comparative automaton strikes because of the non military personnel losses they cause. In Mehsuds case, it took sixteen strikes, fourteen months and somewhere in the range of 207 and 321 extra passing to at last kill him. Conversely, the American government sees the automaton program as one of its best weapons against al Qaeda and the Taliban, portrayed by CIA chief Leon Panetta as "the main amusement nearby. • Hakimullah Mehsud Case
Hakimullah Mehsud, oneself announced emir of the Pakistani, Taliban, has been charged by criminal objection for his supposed contribution in the killing of seven American natives on Dec. 30, 2009 at a U.S. army installation in Afghanistan, the Justice Department declared.
The two-tally criminal objection, recorded in U.S. Local Court for the District of Columbia on Aug. 20, 2010 and unlocked today, charges Hakimullah Mehsud, He otherwise known as with scheme to kill U.S. residents abroad and intrigue to utilize a weapon of mass demolition against U.S. natives abroad.
As indicated by an oath recorded in help of the criminal protestation, Hakimullah Mehsud, an inhabitant of the Federally Administered Tribal Area (FATA) in Pakistan, is the pioneer of the Tehrik-e Taliban Pakistan The TTP's main role is to constrain withdrawal of Pakistani troops from the FATA of Pakistan, which is situated along the Pakistan-Afghanistan outskirt; to join against NATO powers in Afghanistan and to set up Islamic law in the innate domains 41
Indicted for the charges unlocked, Hakimullah Mehsud faces a greatest sentence of life in jail. A criminal grumbling is only a formal charge that a litigant damaged a criminal law. All defendants are presumed innocent until and unless proven guilty.
3.1.4. Their Response of US on 9/11 Incident:
Terrorist’s attacks on Sep 11 2001, were the start of U.S state armed conflict defending on its own militarily and it was clear to U.S, NATO, and all organization including the allies New Zealand and Australia which declared these attacks as an act of war, not a crime, and also provoked the self-directed right of self-defense and they declared Al-Qaeda and Osama as prime suspects.
These acts guided NATO to agreeing on the act of war, which had been declared against the U.S and in the history for the first time Article 5 of the NATO was invoked which allows the response against aggression and collective efforts against war and terror.
3.2. War On Terrorism:
USA wants to take revenge of 9/11 from the terrorists. USA desires for combine support from the whole world against this act of terrorism. For this purpose, US attacked on Afghanistan on October 7, 2001 and started war against terrorism. After 9/11 U.S
imposed some sanctions on Pakistan after the nuclear tests and military coup in 1998, 1999. In the context of these attacks president Bush encouraged Pakistan to ally of U.S. in war against terrorism. in start Pakistan try to deal with the situation with Taliban through dialogue to handover Osama to U.S authorities but due to failure Pakistan give permission to us military base to attack on Afghanistan. President Musharraf admitted that we have no option but to support U.S because they threatened Pakistan of bombing and bringing back on it to stone ages42, in 2001 on the same time if Pakistan
not joined U.S fight against Al-Qaida, U.S introduce the bill of sanction to lift all previous imposed sanction or Pakistan, According to Pressler and Glenn amendments. Under strong US diplomatic pressure President Musharraf, agreed with President Bush unstinted cooperation in the fight against terrorism. Under which Pakistan becomes a vital ally and led anti-terrorism collection with U.S, President Bush in June 2004designated foreign assistance act 1961 in which Pakistan as a major non-NATO ally of the United States. Since 2004 U.S government had started drone attacks on Pakistan which were controlled by CIA. These drone strikes are primary part of war against terrorism to defeat Taliban and AL-Qaeda in Pakistan but they killed civilians more than terrorists. These strikes were plan to target Taliban and Al-Qaeda supporter in Pakista43.
3.3. Role of Pakistan in the Global war on Terrorism
Pakistan has played a crucial role in the global war on terrorism because of its geo- political location and being a single supporter of the Taliban. U.Sknows that any successful strikes against Taliban are not being possible without the support of Pakistan. President Bush changed the national policyand put some conditions before the countries of the world including Pakistan to stand with the US against war on terror. After facing the 9/11 tragedy, President Bush clearly declared Taliban regime without
42Robert M Hathaway, ‘Confrontation and Retreat: The U.S. Congress and the South Asian Nuclear Tests’ (2000) January/Fe Arms Control Association.
43Fazal Rabbi, ‘War against Terrorism and Its Repercussions for Pakistan’ (2012) 33 Pakistan Journal of History and Culture 71
any doubts, “We will make no distinction between those who planned these acts and those who support them44”
Before 9/11, US-Pakistan relations were far from collusions and were named as alienated relations. Pakistan was under different authorizations i.e. atomic and vote based system related authorizations and its participation were dropped from the Commonwealth. In spite of cold relations, the United States could get Pakistan's help in the war against fear mongering through a mix of dependable dangers and motivations. On September 13, Deputy Secretary of State Richard Armitage gave over a formal list of the US requests to Lt. General Mahmud, the then Director General of the Inter-Services Intelligence ( ISI) to pass on these requests to Musharraf and that these were "not negotiable" and you should acknowledge each of the seven parts. These seven demands were as:
• To end all operations with Al Qaeda and to end all logistic support for Bin Laden group
• To provide USA complete rights for flight and landing for military and intelligence operation to curb down terrorism
• To allow USA and ally military officials to conduct operations agaainst Talibans • To give USA intelligence support and information
• To publically condemn the terrorist activiteis carried out by Talibans
• To put to an end to all supplies of shipment of fuels and not to recruit its citizens in Talibans
• To break relationship with Afghan government if it is proved that they have harboured him
General Musharraf settled on a quick choice to end his administration's help for Taliban organization in Afghanistan and joined the U.S, drove hostile to fear based oppression coalition. This choice was upheld by democratic and liberal powers in Pakistan yet in the meantime, the choice was widely criticized by religious political parties and Taliban supporters in Pakistan.
