Navigating the Complex Terrain: Assessing Common Article III in Non-International Armed Conflict and its Implications in Pakistan's Legal Regime

Abstract

This research article delves into the intricate legal landscape surrounding Non-International Armed Conflict (NIAC) and the application of Common Article III in the context of Pakistan's legal regime. The study systematically examines the interplay between International Humanitarian Law and International Human Rights Law and provides a comprehensive analysis of the jurisprudence, thresholds, and criteria governing NIAC. Furthermore, it investigates the scope and applicability of Common Article III, shedding light on its significance in the domestic legal framework of Pakistan. The article also explores the historical evolution of military courts in Pakistan and their reestablishment, offering insight into the rationale behind their existence. A critical examination of the Supreme Court's judgment regarding the 21st Constitutional Amendment and the Pakistan Army (Amended) Act, 2015 case is conducted, highlighting the legal implications and ramifications of this landmark decision. Throughout the research, the article underscores Pakistan's international obligations in the realm of humanitarian and human rights law, illuminating the country's commitment to upholding these obligations in a complex and evolving legal landscape. This article serves as a valuable resource for scholars, legal practitioners, and policymakers seeking a deeper understanding of the multifaceted legal dynamics surrounding NIAC and Common Article III, particularly in the context of Pakistan's legal framework.