War on Terror and Legal reforms in FATA- An Analysis in the Historical and National Security Perspective

Abstract

Pakistan joined the War on Terror (WOT) in the wake of American
demands but became the subject of terrorism and ultimately turned into
a battlefield to fight the WOT. President Musharraf joined American
WOT to protect national interests and save Pakistan’s strategic depth
vis-à-vis India. Despite launch of military operations against the
terrorists and success of Zarb-e-Azb operation, Pakistan is not protected
from terrorist attacks, which are overwhelmingly controlled and funded
from Afghan soil. This scenario caused colossal human, material,
economic and political losses to Pakistan, especially Federally
Administered Tribal Areas (FATA). National and internal security of
Pakistan was jeopardized with deteriorating law and order situation in
the country. Insecurity and lawlessness became order of the day. Peace
and justice became an illusion. Performance of the agencies of criminal
justice system became subject of open public criticism. Life and liberty
of the citizens, government functionaries and the organs of criminal
justice system was compromised. The issues of human rights violations,
arbitrary and prolonged arrests, on the one hand, and attacks on the law
enforcement agencies, on the other hand, turned into the game of hide
and seek. Human rights were pitched against national security interests.
People of Pakistan lost their confidence on the criminal justice system,
which could not meet the challenges of fight against terrorism. The WOT
not only redefined military doctrines but also necessitated legal reforms
in the country, including FATA.
This article explores effects of WOT on the national and internal security
of Pakistan as well as law and order situation in the country. The article
also examines legal and judicial reforms in FATA in the wake of WOT
and scrutinizes the Frontier Crimes Regulation (FCR) 1901 in the
historical and national security perspectives. The article further examines vires of the Actions (in Aid of Civil Power) Regulation 2011
for FATA and suggests measures for constructive and perpetual legal
reforms in FATA so as to achieve the targets set out in the National
Action Plan 2014.