Pakistan Military Courts and the Right to Fair Trial: A Comprehensive Research Analysis

Abstract

The trial of civilians by military courts in Pakistan constitutes one of the most significant constitutional and human rights controversies in the country’s contemporary legal landscape. Initially introduced as a temporary and exceptional response to terrorism following the 2014 Army Public School attack, military courts were justified on grounds of expediency and national security. However, the gradual expansion and normalization of their jurisdiction over civilians have raised serious concerns regarding their compatibility with constitutional guarantees of fair trial and Pakistan’s international human rights obligations. This paper undertakes a qualitative doctrinal and comparative legal analysis to examine whether military court proceedings align with Article 10A of the Constitution of Pakistan and the fair trial standards enshrined in Article 14 of the International Covenant on Civil and Political Rights (ICCPR). Focusing on the conflicting Supreme Court decisions of October 2023 and May 2025, the study highlights systemic deficiencies in military court proceedings, including the absence of judicial independence, lack of transparency, restricted access to legal representation, and ineffective appellate review. The paper argues that the continued trial of civilians by military courts is constitutionally unsustainable and normatively inconsistent with international human rights law. It concludes by proposing evidence-based legislative and institutional reforms aimed at reconciling national security concerns with constitutional supremacy and fair trial guarantees.