The Jirga: Justice and Conflict Transformation
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The Civilian Impact of Drone Strikes
THE CIVILIAN IMPACT OF DRONES: UNEXAMINED COSTS, UNANSWERED QUESTIONS Acknowledgements This report is the product of a collaboration between the Human Rights Clinic at Columbia Law School and the Center for Civilians in Conflict. At the Columbia Human Rights Clinic, research and authorship includes: Naureen Shah, Acting Director of the Human Rights Clinic and Associate Director of the Counterterrorism and Human Rights Project, Human Rights Institute at Columbia Law School, Rashmi Chopra, J.D. ‘13, Janine Morna, J.D. ‘12, Chantal Grut, L.L.M. ‘12, Emily Howie, L.L.M. ‘12, Daniel Mule, J.D. ‘13, Zoe Hutchinson, L.L.M. ‘12, Max Abbott, J.D. ‘12. Sarah Holewinski, Executive Director of Center for Civilians in Conflict, led staff from the Center in conceptualization of the report, and additional research and writing, including with Golzar Kheiltash, Erin Osterhaus and Lara Berlin. The report was designed by Marla Keenan of Center for Civilians in Conflict. Liz Lucas of Center for Civilians in Conflict led media outreach with Greta Moseson, pro- gram coordinator at the Human Rights Institute at Columbia Law School. The Columbia Human Rights Clinic and the Columbia Human Rights Institute are grateful to the Open Society Foundations and Bullitt Foundation for their financial support of the Institute’s Counterterrorism and Human Rights Project, and to Columbia Law School for its ongoing support. Copyright © 2012 Center for Civilians in Conflict (formerly CIVIC) and Human Rights Clinic at Columbia Law School All rights reserved Printed in the United States of America. Copies of this report are available for download at: www.civiliansinconflict.org Cover: Shakeel Khan lost his home and members of his family to a drone missile in 2010. -
Commission Internationale De Juristes Mission
Commission internationale de juristes Mission La Commission internationale de juristes est consacree a la primaute, a la coherence et a l'application du droit international et des principes qui font progresser les droits de l'Homme. La Commission internationale de juristes (CIJ) se distingue par l'impartialite, l'objectivite et l'approche juridique faisant autorite qu'elle applique a la protec tion et a la promotion des droits de l'Homme par le biais du respect de la preeminence du droit. La CIJ fournit des services d'experts juridiques aux niveaux national et interna tional afin de garantir que le developpement du droit international reste fidele aux principes des droits de l'Homme et que les normes internationales soient mises en oeuvre au plan national. La Commission, creee a Berlin en 1952, est composee de 60 juristes eminents qui representent les divers systemes juridiques du monde. II incombe au Secretariat international, base a Geneve, de realiser les buts et objectifs de la Commission. Pour s'acquitter de cette tache, le Secretariat international beneficie d'un reseau de sections nationales autonomes et d'organisations affiliees implantees sur tous les continents. Parmi les distinctions decernees a la CIJ en hommage aux contributions qu'elle a apportees a la promotion et a la protection des droits de l'Homme figurent le premier Prix europeen des droits de l'Homme attribue par le Conseil de l'Europe, le Prix Wateler pour la paix, le Prix Erasme et le Prix des Nations Unies pour les droits de l'Homme. Commission internationale de juristes Case postale 216 - 81 A, avenue de Chatelaine CH - 1219 Chatelaine / Geneve - Suisse Tel: (+41 22) 979 38 00 Fax: (+41 22) 979 38 01 E-Mail: [email protected] Site web: www.icj.org ELEMENTS FOR A GENERAL RECOMMENDATION ON RACIAL DISCRIMINATION IN THE ADMINISTRATION OF JUSTICE TABLE OF CONTENTS I ntroduction................................................................................................................................................................................................. -
Death-Penalty-Pakistan
Report Mission of Investigation Slow march to the gallows Death penalty in Pakistan Executive Summary. 5 Foreword: Why mobilise against the death penalty . 8 Introduction and Background . 16 I. The legal framework . 21 II. A deeply flawed and discriminatory process, from arrest to trial to execution. 44 Conclusion and recommendations . 60 Annex: List of persons met by the delegation . 62 n° 464/2 - January 2007 Slow march to the gallows. Death penalty in Pakistan Table of contents Executive Summary. 5 Foreword: Why mobilise against the death penalty . 8 1. The absence of deterrence . 8 2. Arguments founded on human dignity and liberty. 8 3. Arguments from international human rights law . 10 Introduction and Background . 16 1. Introduction . 16 2. Overview of death penalty in Pakistan: expanding its scope, reducing the safeguards. 16 3. A widespread public support of death penalty . 19 I. The legal framework . 21 1. The international legal framework. 21 2. Crimes carrying the death penalty in Pakistan . 21 3. Facts and figures on death penalty in Pakistan. 26 3.1. Figures on executions . 26 3.2. Figures on condemned prisoners . 27 3.2.1. Punjab . 27 3.2.2. NWFP. 27 3.2.3. Balochistan . 28 3.2.4. Sindh . 29 4. The Pakistani legal system and procedure. 30 4.1. The intermingling of common law and Islamic Law . 30 4.2. A defendant's itinerary through the courts . 31 4.2.1. The trial . 31 4.2.2. Appeals . 31 4.2.3. Mercy petition . 31 4.2.4. Stays of execution . 33 4.3. The case law: gradually expanding the scope of death penalty . -
Honour Killing in Sindh Men's and Women's Divergent Accounts
Honour Killing in Sindh Men's and Women's Divergent Accounts Shahnaz Begum Laghari PhD University of York Women’s Studies March 2016 Abstract The aim of this project is to investigate the phenomenon of honour-related violence, the most extreme form of which is honour killing. The research was conducted in Sindh (one of the four provinces of Pakistan). The main research question is, ‘Are these killings for honour?’ This study was inspired by a need to investigate whether the practice of honour killing in Sindh is still guided by the norm of honour or whether other elements have come to the fore. It is comprised of the experiences of those involved in honour killings through informal, semi- structured, open-ended, in-depth interviews, conducted under the framework of the qualitative method. The aim of my thesis is to apply a feminist perspective in interpreting the data to explore the tradition of honour killing and to let the versions of the affected people be heard. In my research, the women who are accused as karis, having very little redress, are uncertain about their lives; they speak and reveal the motives behind the allegations and killings in the name of honour. The male killers, whom I met inside and outside the jails, justify their act of killing in the name of honour, culture, tradition and religion. Drawing upon interviews with thirteen women and thirteen men, I explore and interpret the data to reveal their childhood, educational, financial and social conditions and the impacts of these on their lives, thoughts and actions. -
Constitution of Afghanistan
Constitution of Afghanistan In the name of God, the Merciful, the Compassionate Preamble We the people of Afghanistan: 1. With firm faith in God Almighty and relying on His lawful mercy, and Believing in the Sacred religion of Islam, 2. Realizing the injustice and shortcoming of the past, and the numerous troubles imposed on our country, 3. While acknowledging the sacrifices and the historic struggles, rightful Jihad and just resistance of all people of Afghanistan, and respecting the high position of the martyrs for the freedom of Afghanistan, 4. Understanding the fact that Afghanistan is a single and united country and belongs to all ethnicities residing in this country, 5. Observing the United Nations Charter and respecting the Universal Declaration of Human Rights, 6. For consolidating national unity, safeguarding independence, national sovereignty, and territorial integrity of the country, 7. For establishing a government based on people's will and democracy, 8. For creation of a civil society free of oppression, atrocity, discrimination, and violence and based on the rule of law, social justice, protection of human rights, and dignity, and ensuring the fundamental rights and freedoms of the people, 9. For strengthening of political, social, economic, and defensive institutions of the country, 10. For ensuring a prosperous life, and sound environment for all those residing in this land, 11. And finally for regaining Afghanistan’s deserving place in the international community, Have adopted this constitution in compliance with historical, cultural, and social requirements of the era, through our elected representatives in the Loya Jirga dated 14 Jaddi 1382 in the city of Kabul. -
Religion and Militancy in Pakistan and Afghanistan
Religion and Militancy in Pakistan and Afghanistan in Pakistan and Militancy Religion a report of the csis program on crisis, conflict, and cooperation Religion and Militancy in Pakistan and Afghanistan a literature review 1800 K Street, NW | Washington, DC 20006 Project Director Tel: (202) 887-0200 | Fax: (202) 775-3199 Robert D. Lamb E-mail: [email protected] | Web: www.csis.org Author Mufti Mariam Mufti June 2012 ISBN 978-0-89206-700-8 CSIS Ë|xHSKITCy067008zv*:+:!:+:! CHARTING our future a report of the csis program on crisis, conflict, and cooperation Religion and Militancy in Pakistan and Afghanistan a literature review Project Director Robert L. Lamb Author Mariam Mufti June 2012 CHARTING our future About CSIS—50th Anniversary Year For 50 years, the Center for Strategic and International Studies (CSIS) has developed practical solutions to the world’s greatest challenges. As we celebrate this milestone, CSIS scholars continue to provide strategic insights and bipartisan policy solutions to help decisionmakers chart a course toward a better world. CSIS is a bipartisan, nonprofit organization headquartered in Washington, D.C. The Center’s 220 full-time staff and large network of affiliated scholars conduct research and analysis and de- velop policy initiatives that look into the future and anticipate change. Since 1962, CSIS has been dedicated to finding ways to sustain American prominence and prosperity as a force for good in the world. After 50 years, CSIS has become one of the world’s pre- eminent international policy institutions focused on defense and security; regional stability; and transnational challenges ranging from energy and climate to global development and economic integration. -
The Role of Jirga in Dispute Resolution in District Mardan, Khyber Pakhtunkhwa, Pakistan Pjaee, 18(4) (2021)
THE ROLE OF JIRGA IN DISPUTE RESOLUTION IN DISTRICT MARDAN, KHYBER PAKHTUNKHWA, PAKISTAN PJAEE, 18(4) (2021) THE ROLE OF JIRGA IN DISPUTE RESOLUTION IN DISTRICT MARDAN, KHYBER PAKHTUNKHWA, PAKISTAN Mohsin Ullah1, Dr. Sadia Saeed2, Babar Ali 3 1PhD Scholar, Department of Sociology, Quaid-i-Azam University, Islamabad. 2Assistant Professor, Department of Sociology, Quaid-i-Azam University, Islamabad. 3M. Phil Sociology, Agriculture University Peshawar. Mohsin Ullah , Dr. Sadia Saeed , Babar Ali , The Role Of Jirga In Dispute Resolution In District Mardan, Khyber Pakhtunkhwa, Pakistan , Palarch’s Journal Of Archaeology Of Egypt/Egyptology 18(4). ISSN 1567-214x. Keywords: Jirga system, dispute resolution, informal justice, integration. Abstract: Jirga is an informal but exclusive institution existing in Pashtun society. Jirga is commonly used for settling the disputes related to both the private and the public space. It is preferred over the formal courts, as jirga is considered to be more effective and quicker dispute resolving body. The main intention for the research was to investigate the position of jirga in conflict resolution. The conceptual framework based on jirga considering it as a speedy process of decision making and a body of social integration, was independent variable while dependent variable was effectiveness of jirga as a dispute resolution body. The data wascollected by scheduled interviews, from five villages- LundKhwar, Gul Maira, Mote Banda, ShahDend and Sadat baba. These villages were purposively selected from district Mardan. The sample size was 357 households, selected through stratified random sampling on the analogy design by the Sekaran (2003). The findings of the research indicatethat Jirga is an effective body in delivering justice. -
532 Administrative Law Iraq, 210–212, 399–417 Libya, 242–243 Morocco, 354–357 Oman, 298–299 Sudan, 252–253 Syri
532 Index Administrative law Armed force Iraq, 210–212, 399–417 defence see Self-defence Libya, 242–243 implied authorisation, 18–20 Morocco, 354–357 Iraq see Iraq War Oman, 298–299 UN Charter, 5, 11–21 Sudan, 252–253 Aviation Syria, 202 final status agreement, 443 Afghanistan Lockerbie trial, 507–508 administration, 481–482 Axis of evil, 5 constitutional law, 457–485 fundamental rights, 461–466 Bahrain government, 470–471 commercial agents, 288 judiciary, 478–481 constitutional law, 288–289 Loya Jirga, 477 elections, 289 National Assembly, 471–477 employment, 285–287 president, 467–470 freedom of expression, 287 state of emergency, 482–483 legislation, 290–294 statehood, 458–460 media law, 287 transitional provisions, 485 Banking Al-Qa’eda Egypt, 192–193 Iraq, 10 governing law, 511, 522–525 Pakistan, 372, 373, 378 guarantees, 516–517, 525–526 Arab League Lebanon, 239–240 Beirut Summit, 430 murâbaha/Morabaha contracts, judicial cooperation, 86 509–526 Palestinian refugees, 115, 154–155 Oman, 300–301 Arab Peace Initiative, 449 Saudi Arabia, 73 Arbitration Shamil Bank case, 509–526 see also Dispute resolution shari’a, 509–526 Egypt, 182–183 shari’a board, 510 foreign arbitration, 81–83 Yemen, 335 ICSID Convention, 84–86, 262 Belfast/Good Friday Agreement (1998), Lebanon, 235–236, 238 93 New York Convention, 81–83 Belgium, 95 OPIC Convention, 83–84 Bosnia Herzogovina, 91, 93–94, Saudi Arabia, 79–86 101–102, 106–107 shari’a, 79 Botanical products, 191 United Arab Emirates, 275 Index 533 Canada, 128, 160 Compensation Capital markets Dayton -
Honor Killings and the Cultural Defense
Cohan: Honor Killings and the Cultural Defense CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL VOLUME 40 SPRING 2010 NUMBER 2 HONOR KILLINGS AND THE CULTURAL DEFENSE JOHN ALAN COHAN* IN TROD UCTION ................................................................................... 178 I. THE N ATURE OF H ONOR ................................................................. 181 A. The Importance of and Need to SafeguardHonor ............ 181 B. The Nature of Honor in Arab Cultures............................. 185 C. The Nature of Honor in the West ......................................188 II. THE PREVALENCE OF HONOR KILLINGS ........................................191 A. H onor Killings D efined..................................................... 191 B. Honor Killings in Western Society ....................................199 III. THE CONCEPT OF "SUDDEN PROVOCATION IN THE CONTEXT OF H ONOR K ILLINGS ..................................................................... 202 IV. PROVOCATION IN THE LAWS OF JORDAN AND PAKISTAN PERTAINING TO HONOR KILLINGS ............................................206 A. Prosecution of Honor Killings in Jordan......................... 207 B. Prosecution of Honor Killings in Pakistan....................... 211 1. Pakistan'sFederally Administered TribalAreas ........211 * B.A. University of Southern California, J.D. Loyola Law School (magna cum laude), Law Clerk for Charles H. Carr, Federal District Judge, former adjunct professor of law, Western State Law School. The author has written numerous articles in law -
Security Council Distr.: General 20 May 2019
United Nations S/2019/410 Security Council Distr.: General 20 May 2019 Original: English Letter dated 14 May 2019 from the Permanent Representative of Afghanistan to the United Nations addressed to the President of the Security Council I have the honour to attach herewith the declaration on the consultative peace loya jirga, which was held from 29 April to 3 May 2019 (see annex). I should be grateful if the present letter and its annex could be circulated as an official document of the Security Council. (Signed) Adela Raz Ambassador Permanent Representative 19-08232 (E) 220519 *1908232* S/2019/410 Annex to the letter dated 14 May 2019 from the Permanent Representative of Afghanistan to the United Nations addressed to the President of the Security Council Declaration on the consultative peace loya jirga, 29 April–3 May 2019 (9–13 Saur 1398) In the Name of God, the Merciful Inspired by the holy verse 42:38 (“and whose affair is determined by consultation among themselves”) and convened by Presidential Decree Number 162 dated 11/03/2019 (20/12/1397), we the 3,200 members of the Consultative Peace Loya Jirga, composed of women and men, elected representatives of the nation in the houses of Parliament, members of the ulema, religious scholars, influential personalities, tribal elders, members of provincial councils, members of the High Peace Council, representatives from civil society and social organizations, representatives of women, the private sector, scientific institutions, academics, writers and poets, artists, national and civic institutions, -
The Participation of Afghan Women in the Reconstruction Process the Participation of Afghan Women in the Reconstruction Process by Laura Grenfell
Human Rights Brief Volume 12 | Issue 1 Article 7 2004 The aP rticipation of Afghan Women in the Reconstruction Process Laura Grenfell Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Human Rights Law Commons, International Law Commons, and the Women Commons Recommended Citation Grenfell, Laura. "The aP rticipation of Afghan Women in the Reconstruction Process." Human Rights Brief 12, no. 1 (2004): 22-25. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Grenfell: The Participation of Afghan Women in the Reconstruction Process The Participation of Afghan Women in the Reconstruction Process by Laura Grenfell ESPITE AFGHANISTAN’S GREAT STRIDES TO EMERGE to leave home without the escort of a close male relative, prohibit- from two decades of war and oppression, the country ed women from working in the public sphere (except in the area of Dstill has a long way to go before it achieves peace and health care), and banned girls over eight years old from attending stability. Of particular concern are the significant barriers women still school. Religious police enforced these laws, publicly threatening face to full participation in the political reconstruction process. A and beating women for minor infractions. 2003 report of the UN High Commissioner for Human Rights Although the Taliban is no longer in power, women still face observed that “Women suffer continued violence and discrimination serious hurdles to participation in the fledgling democratic process. -
A Critical Analysis of Terrorism and Military Operations in Malakand Division (Khyber Pakhtunkhwa) After 9/11 Musab Yousufi* Fakhr-Ul-Islam†
Global Social Sciences Review (GSSR) DOI: 10.31703/gssr.2017(II-II).06 p-ISSN 2520-0348, e-ISSN 2616-793X URL: http://dx.doi.org/10.31703/gssr.2017(II-II).06 Vol. II, No. II (Fall 2017) Page: 109 - 121 A Critical Analysis of Terrorism and Military Operations in Malakand Division (Khyber Pakhtunkhwa) after 9/11 Musab Yousufi* Fakhr-ul-Islam† Abstract The 9/11 was a paradigm shifting event in the international and global politics. On September 11, 2001, two jet planes hit the twin’s tower in United States of America (USA). US official authorities said that it is done by al- Qaeda. This event also changes Pakistan’s internal and foreign policies. The government of United States compel Afghan Taliban government to handover the master mind of 9/11 attack and their leader Osama bin Laden but the talks failed between the both governments. Therefore US government compel the government of Pakistan to give us Military bases and assistance against Afghan Taliban. Pakistan agreed with US as frontline ally of US in war on terror. The majority of Pakistani people were not happy with the decision, therefore, some non-state actors appeared in different part of the country especially in Malakand Division and FATA to support Taliban regime in Afghanistan. In Malakand Division Mulana Sufi Muhammad head of Tehrik Nifaz-e-Shariat-e-Muhammadi started a proper armed campaign for Afghan Taliban Support and sent thousands of people to Afghanistan support Taliban against US and their allied forces. It was a basic reason behind the emergence of terrorism in Malakand division KP but it did not played it role alone to cause terrorism in the region.