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Understanding Pakistan's Internal Conflict Through a Humanitarian Perspective

Abstract:

The article will explore the implications and diversification of International Laws on Internal Conflict as stated in Article 3 of the Geneva Conventions. The recent conflict between the Pakistan Armed Forces and the Punjab Police of Pakistan is a good example of how the saviour of humanity is indulging in a not-so-humanitarian activity. The media is laying down the unseen boundaries to be maintained by the institutes to defend all the humanity left in the country, but this article explores how the media of Pakistan has failed to do so. Finally, the reason behind such internal armed conflicts is also mentioned in the article, along with some recommendations for how to repair them.

 

Background

Bahawalnagar is the capital city of the state of Punjab, a province in Pakistan. Earlier, it was known for its fertility because of Ganga and Satluj during the old civilization period of Harrapa and Mohenjo-Daro. In retrospect, there are some serious political tensions over a conflict between the Pakistani Army and the Police. Troops of the Pakistani Army forces attacked a police station for a dispute over an allegedly unlicensed weapon belonging to a soldier's family member. This incident covered the media as rapidly as a fire in the forest.

The initiation of the conflict began when the police officers raided the house of an army officer belonging to a Special Service Group (SGG) commando, Khali. It is also important to note that the family was not in the custody of the police. The police officers even captivated the relatives of the commando. The soldiers were indeed quite combative during the whole dispute, but the media outraged the journalists' rights, and activists merely accused the Punjab Police of the accusation of the government.    


Role of Media in the Conflict

Now, it is vital to understand that the role of the media is extremely crucial in these situations. The video containing clips of Pakistani Army personnel beating the police officers is a mere violation of fundamental rights. The video clips depict mere torture and degrading. The Media is the fourth pillar of democracy.


"The way the lungs are crushed in the country today so that nobody will blow the whistle is a very dangerous trend for the country. So, we need to support, stand up, speak out, stay alert, and need to stay with at least a few of those whistleblowers who are left in the country," -Supreme Court Justice Kurian Joseph.


The phrase by the Honourable Justice lays a great emphasis on the regulation and portrayal of media. Media should be neutral to situations of political parties, authorities, and institutions and should give a rational view on the pertaining issue. In my opinion, a lot of flavour has been added while describing the situation. Alongside this, there is an eminent lack of due process of law. Due process is a federal feature that thereby grants power to the court to declare the law null and void not only on procedural grounds but also on the grounds of justice, equity, and principles of natural justice. Over the past few years, one can notice that procedures established by law are fading away due to the forthcoming judicial review. In the issue discussed above, the police arrested a man amounting illegal weapons, further resulting in a clash between the Army and the police, which merely indicates that the Army has clashing principles with the law and has more authority to exercise, and the people of Pakistan cannot solely rely on the protection and regulations laid down by the police.


Image Source: http://surl.li/gitnds


International Humanitarian Legalities

The basics of the International Laws clarify that these laws are based on the concept of jus in bello, which means laws of warfare. Various laws are available to stop the internal armed conflict that is occurring. These laws are essential for the sustainability of democracy in a country. Various treaties and conventions are there like a superhero to protect civilians from armed conflicts and villains to democracy. The country is sinking into the flames of violence, ignited by various factors such as the fuel poured by politics or the greedy hunger for power. The only way to overcome this hunger is not to surrender to it but to confront it head-on until it extinguishes itself, similar to a fire consuming its fuel. The laws present at the international level to protect the interests of humanity and democracy act as the fire extinguisher that will end the fire of internally armed conflicts. It is irrelevant that both parties agree that they are in an armed conflict, as in Prosecutor v. Limaj et al. These laws or arrangements are as follows:


1. Common Article 3 of the Geneva Conventions

Non-international armed conflicts, also known as internal armed conflicts, are conflicts of a non-international nature that are taking place within one of the High Contracting Parties. This implies that at least one of the involved parties lacks government backing. For a conflict to be classified as an internal armed conflict, two criteria must be met: first, there must be protracted armed violence that has escalated hostility to a certain minimum level of intensity, and second, the involved parties must demonstrate a certain degree of organization. The Syrian Civil War serves as a prime example of an internal armed conflict.


2. Article 1 of Additional Protocol II

Additional Protocol II applies to non-international armed conflicts within a High Contracting Party's territory involving its armed forces and rival armed groups or organized armed groups with responsible command and territorial control. Wars of national liberation are treated as international armed conflicts. Article 3, along with Additional Protocol II, specifies the level of organization required. While Common Article 3 covers conflicts with some organizations but not territorial control, Protocol II demands both. The International Committee of the Red Cross acknowledges variations in territorial control. Protocol II applies specifically to conflicts between government and dissident forces, contrasting with Common Article 3's broader scope.


Flaws in Democracy and Conclusion

The failure of democracy in Pakistan has various reasons. Firstly, the corruption and illiteracy rates in the country are extremely high. Secondly, there is the massive influence of pressure groups like the Pakistan Muslim League (PML) and Pakistan People's Party (PPP). The improper functioning of tribunals and the feudal system, exposure to military intervention in the political sphere, and dishonest elections are indicative of the failure of democracy in Pakistan. Some recommendations to help Pakistan solve the issue would be imparting education to all and conducting free and fair elections through democratic lines. The removal of corruption from the system is a pre-requisite that would also eventually help decrease the influence of the Pressure groups, and fair play of the judicial body is essential for Pakistan to overcome the stated discrepancies.

 

References:

 

*This article is authored by Nandini Vats & Hargun Dang, Student of UPES, Dehradun and reviewed by Amrit Shree Updhayay, Associate Editor, Lawpinion.

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