It is an interesting case, for it pleads to the nation’s highest judicial authority to take action against another nation based on “a violation of the United Nations charter, the universal declaration on human rights, international laws and international humanitarian laws”.
Would these organisations not expect the ‘host’ country to disallow the presence of troops and, if they are there, then would they not be expected to provide an explanation?
The government and several top officials, including the Defence Secretary, the Secretary of the cabinet division, Interior Secretary, Foreign Secretary and Home Secretaries of all provinces, were made respondents in the case.
Since it is the fundamental right of citizens to life, property and dignity, the buck will be passed on to the insurgency movement within Pakistan. The US always has a ready alibi and is often in cahoots with at least one power centre inside. There is also the question about which citizens Imran Khan is talking about. There are thin lines that divide the citizens and it is difficult to fathom whose rights are being talked about.
There have been several occasions when the Pakistani authorities have suppressed their own population of various stripes; there is a legal system that can be played around with; there is tribal rule in certain parts where regular Pakistani jurisprudence has absolutely no control.
Imran Khan’s petition works only at a symbolic level. Even as that, it will in fact work counter-productively. After all, the respondents can plead helplessness for in some ways not only are the sensitive areas outside their scope, but the American operations too will be seen as forced ‘occupation’ and make those Pakistani politicians and armymen who are well in the know of things appear to be victims rather than active participants in the suppression of the insurgency.
Therefore, the buck will stop at the door of the insurgents and both the villainous parties – the US and the Pakistani authorities – shall get away. As always, it appears to be their fundamental right to do so.
"There is also the question about which citizens Imran Khan is talking about. There are thin lines that divide the citizens and it is difficult to fathom whose rights are being talked about."
ReplyDeleteDoes it really matter that the citizens are many-hued? I would suppose that EVERY citizen's rights are violated by these drone attacks, regardless of the particular characteristics of any one group of citizens.
(Or perhaps I misunderstood what you meant.)
"There have been several occasions when the Pakistani authorities have suppressed their own population of various stripes; there is a legal system that can be played around with; there is tribal rule in certain parts where regular Pakistani jurisprudence has absolutely no control."
All these are ploblems, but how do they impact the illegality of the drone attacks? I'd say one has to make a start somewhere.
As for the respondents pleading helplessness, I think it will not be too difficult to find evidence which clearly indicates facilitation of and support for the drone attacks. How can it be a forced occupation when those Pakistanis in power are playing a willing part in it?
Interestingly, one report referred to the drone attacks as a "war crime". This would imply that while the war may be legal, the manner in which it is being fought is not. Since the Pakistani government has taken to calling this Pakistan's war, would they not immediately be accountable for the methods used?
Finally, yes, Imran Khan is mostly restricted to the level of empty rhetoric and symbolism. In this instance, though, one hopes...
Farzana,
ReplyDeleteWhatever the tokenness of Imran Khan's actions - it at least has the audacity of challenging the American stand and Pakistani state's compromising attitude. The key here is audacity of speaking the unspeakable. Howmuchever one wishes - there is a very good likelihood of the case not being followed up very well or the judiciary "playing it up" rather slowly. But then that doesn't undermine Imran Khan's speaking up on the Drones issue.
Cheers,
Mahesh.
p.s.: Being nose deep in the work (basically trying to work with a piece of technology that can - at the best - be termed "maturing") my responses may be delayed.
p.p.s.: Have nice "whatever is left of it" weekend.
FV
ReplyDeleteImran Khan is showing great leadership when it is most needed in Pakistan. The man has won the hearts of millions of Pakistanis by taking on the super powers in his own country.
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Ghost:
ReplyDeleteDoes the state support citizens who stray off the path and cause loss of life and livelihood of its majority of citizens? Aside from the fact that the Taliban was created out of deep political machinations within and outdside the country, there is still the question about rights of the majority of citizens. In this context, the rights of one group must not trample upon the many.
I am not at all I favour of drone attacks in Pakistan or anywhere else and most certainly oppose foreign interference of any kind. I was playing devil’s advocate to Imran’s current sainted avatar. It was not to suggest that one illegality nullifies the other.
Calling it Pakistan’s war would also give the government reason enough to show state-level losses, much like tax exemption or insurance policies.
Yes, one hopes…I suppose it is really possible only at the macro level.
Mahesh:
ReplyDeleteSeveral Pakistanis, including human rights organisations and the media not only in Pakistan but also outside have spoken against the done attacks. I agree it is a symbolic gesture but it leaves one with nothing except more of Imran Khan. The latest is his claim to solve the terrorism problem within 90 days.
I think for one who wishes to be taken seriously in the political arena, this sort of empty bravado does not empower people.
PS: Not to worry; thanks for stopping by despite it, seriously. I have been belly-deep in pretty much self-aggrandising non-maturing activity and therefore rather tardy in my responses, too.
PPS: Hope you have a good week.
Circle:
I don’t agree, as my responses above reveal. ‘Taking on’ the powers within the country is the job of opposition leaders. He isn’t the first to do so and won’t be the last. Millions of Pakistanis don’t appear to vote for his party. He might be good man, though.