CJ for following rule of law in anti-terror combat
By Asim Hussain

ISLAMABAD—Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry has said that the rule of law can not be ignored in a war against global terrorism.
He was addressing a seminar on ‘War on Terror and Rule of Law’ organised by Supreme Court Bar Association here on Saturday. The Chief Justice said war and law are apparently opposite, rather antagonistic concepts, as war begins where law ends added, to reconcile such adverse concepts is not an easy task. The international community is facing challenge to oppose resorting war and the resulted bloodshed and destruction. Justice Iftikhar also emphasized need of defining ‘war against terror’ in comprehensive manners so that it should be kept in legal boundaries.
The primary challenge before the humanity today is therefore to prevent war, but if it happens, then to regulate it in a manner that human dignity, security and values are preserved, he added. He noted there was only a thin line dividing terrorism and other forms of political violence, such as guerrilla warfare, national liberation movement, underground resistance.
The Chief Justice went on to say that terrorism is a politically motivated activity and since terrorists attacks always cause wide political repercussions, it seems inevitable that official reactions will be liable to subjective assessments, biased interpretations and political abuses. He observed that Pakistan is global partner in war against terror because it suffered on account of it (terrorism) saying, indeed its efforts to uproot this menace have been successful. The Chief Justice said that Pakistan’s constitution guarantees fundamental rights and freedoms, including the dignity of person and freedom of movement.
It provides for rule of law and due process to protect the fundamental rights of the people, he added. He said that justice demands that a combating terrorists be given the same status and rights as Geneva conventions on war grants them. According to international law, a prisoner during his detention cannot be killed or coerced or maltreated, Justice Iftikhar noted. He said on-going action against terrorism is not a war as understood in law, then logically we are fighting against criminals who are committing crime against humanity.
The Chief Justice said that the “war on terror “ is a new phenomenon of new Millennium. But this is not to say that the war on terror means the manifestation of which the world witnessed in the shape of “Operation Enduring Freedom” in Afghanistan and the attack on Iraq, he maintained.