Assessing Common Article III in Non-International Armed Conflict and Its Implications in Pakistan's Legal Regime

Abstract

This research study explores the complex legal framework concerning Non-International Armed Conflict (NIAC) and the implementation of Common study III inside Pakistan's legal system. This paper thoroughly investigates the interaction across law of war as well as International Human Rights Law and offers a detailed examination of the legal decisions, standards, and requirements that regulate Non-International Armed Conflicts (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. An in-depth analysis is made on the Supreme Court's ruling concerning the 21st Constitutional Amendment as well as the Pakistan Army (Amended) Act, 2015 case, focusing on the legal consequences and impacts of this significant verdict. The article emphasizes Pakistan's international responsibilities in the fields of humanitarian as well as human rights legislation, highlighting the country's dedication to fulfilling these responsibilities within an intricate and changing legal environment. 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.