On April 11, the PHC termed drone strikes a ‘war crime’. PHOTO: FILE
The Peshawar High Court’s (PHC) historic judgment on drone strikes in April seems to have become the basis for the Pakistan Tehreek-e-Insaf-led provincial government’s announcements of blocking Nato supplies to Afghanistan through Khyber-Pakhtunkhwa.
On April 11, the PHC termed drone strikes a ‘war crime’ and ordered the federal government and security forces to ensure the strikes are not carried out in the future and a stern warning is conveyed to the US. However, the federal government has failed to follow the verdict thus far.
“Proper warning be administered in this regard and if that does not work, the Government of Pakistan and state institutions, particularly the security forces, shall have the right of being under constitutional and legal obligations to shutdown the drones attacking Pakistani territories or when these enter the airspace of Pakistan’s sovereign territory,” read the judgment.
It further instructs the government to present the matter to the Security Council of the UNO and in case the US uses its veto powers, an urgent meeting of the General Assembly be requisitioned through a written request to resolve the issue effectively.
“In case the US authorities do not comply with the UNO resolution, whether passed by the Security Council or by the General Assembly, the Government of Pakistan shall sever all ties with the USA and, as a mark of protest, shall deny all logistic and other facilities to the USA within Pakistan,” it states.
According to the South Asia Terrorism Portal website, at least 13 drone strikes have been carried out in North and South Waziristan agencies since the PHC’s judgment, killing nearly 80 suspected militants, including Tehreek-e-Taliban Pakistan chief Hakimullah Mehsud.
The issue of drone strikes was also discussed recently during Prime Minister Nawaz Sharif’s visit to the US.
Additionally, Amnesty International released a report last month stating the US is committing ‘war crimes’ and should stand trial as several innocent people have been killed by drones.
Since the PTI government took charge in K-P, it has reiterated many times that it would block Nato’s supply trucks going through the province to Afghanistan, but no concrete steps have been taken as yet. However, in the wake of Hakimullah’s death, PTI chief Imran Khan announced his party would introduce resolutions in the provincial and national assemblies to block Nato supplies, basing his decision on the PHC’s April judgment.
Published in The Express Tribune, November 3rd, 2013.
COMMENTS (17)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
1732343209-0/BeFunk_§_]__-(36)1732343209-0.jpg "pti will break through any barriers to reach d chowk pti secretary information")
The PHC judgement goes too far in trying to dictate foreign policy, which the Judiciary has no role in whatsoever under the constitution. Judges better check yo' self before you wreck yo' self! #Pakistan #JudicialActivism #drones
@Adnan Siddiqi: Do you even know what you're talking about?
Why doesn't the KPK customs people heck the outgoing equipment in the containers, before they carry out the stop action.?
Rex Minor
US wants to exit Afghan region in an year's time and this block of NATO supplies at a crucial junture is going to make them very furious.
This is a flashpoint that the future historians will write about in volumes and volumes.
If possible, start talking to your immigration lawyers !
@Ali: These "Pakistanis" you wish to defend from outside drones are sworn to destroy Pakistan's constitution, democracy and followers of religions other than their murderous cult. Pakistan may claim sovereignty over them but is unable to exercise it, it cannot arrest them, it cannot even vaccinate little children living around them to protect babies from polio. Ideally we should have a strong and united population and government which will resist the murderers, police with or without drones that can apprehend them and an army that can defend non combatants from being used as human shields by cowardly barbarians. We don't.
Ahhhhh the stuff and notions which are source of levitation for the trolls and brainless sheep herd followers of Deen-e-Imrani. Just read the last couple of lines and y'all will get the idea that the omnipresent U-Turn of U-Turn Khan is just about ready to take place.
"Introducing resolutions in all Provisional and National Assemblies to block NATO supplies."
Resolution means endless debates, brainstorming and political consensus through cajoling and sometime coercion. Does PTI or IK have such clout in any assembly of the country besides KPK? This is hence a time gaining and face saving exercise and the trolls and burger kiddos were getting ready to smear some camouflage paint on their faces and tying bandanas' on their heads in anticipation of a Jihad against NATO supply line.
Pakistan must stop all NATO supplies going through Pakistan. I'm addition the Pak army is more than capable of shooting down the homicide drones, and the order to do so must be given.
The US is the most most vicious and murderous nation on the planet and Pakistan must now begin to distance itself from this morally bankrupt and soon to be economically bankrupt terror regime.
I am still waiting for a court to order the Civilian govt to take control of the military and demand the military to actually earn it's pay by eliminating terrorism?
its a great move by PTI KPK Govt to block nato supply KPK because US drone was responsible for disrupt in dialogue process.
What a judgement. Is there a special rock which we lift to search for learned jurists?
US Drones are deliberately targeting innocent Pakistani public to produce more
for TTP. We are Nuclear owned nation & knows how to penalize the culprits. Extra judicial killing from the powers outside Pakistan will give bad name within the masses that we are failed nation. Who can’t manage its internal affairs. No one should be allowed even to touch the Pakistanis except our own law & order authority departments.
why not declare H.M. as a national hero for killing 40000 innocent pakistani and adward him with nishan -e haider...it seem Pakistan is on the part of self destruction...
People are waiting to see PTI statements materializing.
It seems once again, the judges are over stepping their responsibilities. It is time for the government to tell its people who have lost more than 50,000 innocent lives to these criminals, what their anti terrorism policy decisions are, and openly fight this ruthless menace to the nation. We are tired of so many innocent lives lost, that KP be on maximum alert once again, not knowing where the next criminal bombs will go off, how many more lives must be lost before our government sees and makes sense. Our ruling politicians both in KP and central government ought to cheer the loss of BM, after all, why should they defend the TTP and not denounce the terrorists with names etc each time bombs have gone off. The citizens of Pakistan who have elected them deserve better. Why negotiate with those who openly demand a change of the constitution to their narrow minded bigoted ways, who refuse to put down their arms, and have caused such a huge loss to our economy without mention of the human suffering... That the courts take it upon themselves to demand such outrageous decisions interfering in international relations policies is beyond belief...
The TTP leadership does not comprise of laureats whose death would be a great set-back or loss to their cause. Their selection criteria is not qualifications, credentials, etc
On the contrary, their selection criteria is the person who is the most terrorizing, motivated, driven by their cause.
Yes drones do kill some terrorists. But killing them is not the objective, achieving peace is. By killing them, their ability to terrorize and motivation greatly increases. They will fight for their cause even fiercer now since they lose their comrades
Point of the matter is: their leadership is easily replaceable. Killing them doesn't weaken them, in fact, it motivates the remaining organization and reassures them that the cause they are fighting is correct and Pakistan is truly their enemy.
There is a population of 7 million in tribal areas. Finding replacements is not a difficult task at all. In fact, the aspirants step up their terror activities to boost their "terror portfolios" to have a higher chance of being selected for the position of Amir.
In my opinion Drones are doing better but need so accuracy. If Talibana are killed they will kill us and left overs will remain their slaves