In the Footsteps of Generals: Musharraf and Martial Law: an Interview with Professor Nadeem Azam of the University of Peshawar
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Military Law Max Schoetz Jr
Marquette Law Review Volume 3 Article 5 Issue 1 Volume 3, Issue 1 (1918) Military Law Max Schoetz Jr. Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Max Schoetz Jr., Military Law, 3 Marq. L. Rev. 26 (1918). Available at: http://scholarship.law.marquette.edu/mulr/vol3/iss1/5 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. MILITARY LAW MAX SCHOETZ, JR., B.A., L.L.B., DEAN MARQUETTE UNIVERSITY COLLEGE Ov LAW, PROFESSOR OV MILITARY LAW S. A. T. C. Military Law' is a well defined branch of jurisprudence. It is the body of rules and regulations that have been prescribed for the government of the army and navy and for the militia when called into active service. It applies to and includes such rules of action and conduct as are imposed by a state upon persons in its military service with a view to the establishment and mainte- nance of military discipline. It is distinguished from martial law in that (I) military law applies only to persons in the land and naval forces while martial law applies to all persons and property within the district subject to it. (2) Military law is a permanent code applicable alike in peace and war while martial law is only temporary and ceases with the necessity which brought it into existence. -
Martial Law and National Emergency
Order Code RS21024 Updated January 7, 2005 CRS Report for Congress Received through the CRS Web Martial Law and National Emergency Harold C. Relyea Specialist in American National Government Government and Finance Division Summary Crises in public order, both real and potential, often evoke comments concerning a resort to martial law. While some ambiguity exists regarding the conditions of a martial law setting, such a prospect, nonetheless, is disturbing to many Americans who cherish their liberties, expect civilian law enforcement to prevail, and support civilian control of military authority. An overview of the concept of, exercise of, and authority underlying martial law is provided in this report, which will be updated as events warrant. Occasionally, when some national emergency or crisis threatens public order in the United States, the comment is made that the President may ultimately resort to imposing martial law in order to preserve discipline and good behavior. Such was the case when it was thought that year 2000 (Y2K) technology problems might result in situations threatening life, property, or the general welfare in American society. The almost flawless transition to the year 2000, of course, rendered such an action unnecessary. More recently, at least one newspaper erroneously reported that the September 14, 2001, declaration of a national emergency by President George W. Bush in response to terrorist attacks in New York City and Washington, DC, “activated some 500 dormant legal provisions, including those allowing him to impose censorship and martial law.”1 In accordance with the requirements of the National Emergencies Act, the President’s declaration actually activated nine selective provisions of statutory law, identified in his proclamation, pertaining to military and Coast Guard personnel.2 Such comments, nonetheless, suggest a consideration of what martial law constitutes, as well as when and how it might be invoked. -
The Militarization of US Government Response to COVID-19 and What We Can Do About It About Face: Veterans Against the War March 23, 2020
National Guard troops stand by as people wait to be tested for coronavirus in New Rochelle, New York, on March 13, 2020. Timothy A. Clary/AFP via Getty Images. The Militarization of US Government Response to COVID-19 and What We Can Do About It About Face: Veterans Against the War March 23, 2020 This statement was written by Drake Logan, a civilian ally to About Face, with input on content by About Face veteran members Lisa Ling, Krystal Two Bulls, Maggie Martin, Erica Manley, Shawn Fischer, Jovanni Reyes, Matt W. Howard, Derek S. Matthews, and Ramon Mejía. Editorial guidance was provided by Clare Bayard, civilian ally to About Face. Authorship is always collective. Summary: This document outlines six broad areas of current political need and opportunity as the US government ramps up the militarization of its response to the coronavirus epidemic. About Face is an organization of post-9/11 service-members and veterans who organize to end a foreign policy of permanent war and the use of military weapons, tactics, and values in communities across the United States. We present this statement in order to generate further conversation on these points both within and beyond our organization, as well as to enter the national media conversation on coronavirus response. Please reach out to About Face if you are a member or civilian who would like to be 1 involved in media work on these issues, or if you would like to help create further independent media. We need to begin by tackling these six areas of political need and opportunity in the time of coronavirus: (1) We need to engage in and spread praxes of community-based defense instead of militarized security. -
U.S.-Pakistan Engagement: the War on Terrorism and Beyond
UNITED STATES INSTITUTE OF PEACE www.usip.org SPECIAL REPORT 1200 17th Street NW • Washington, DC 20036 • 202.457.1700 • fax 202.429.6063 ABOUT THE REPORT Touqir Hussain While the war on terrorism may have provided the rationale for the latest U.S. engagement with Pakistan, the present relationship between the United States and Pakistan is at the crossroads of many other issues, such as Pakistan’s own U.S.-Pakistan reform efforts, America’s evolving strategic relationship with South Asia, democracy in the Muslim world, and the dual problems of religious extremism and nuclear proliferation. As a result, Engagement the two countries have a complex relationship that presents a unique challenge to their respective policymaking communities. The War on Terrorism and Beyond This report examines the history and present state of U.S.-Pakistan relations, addresses the key challenges the two countries face, and concludes with specific policy recommendations Summary for ensuring the relationship meets the needs • The current U.S. engagement with Pakistan may be focused on the war on terrorism, of both the United States and Pakistan. It was written by Touqir Hussain, a senior fellow at the but it is not confined to it. It also addresses several other issues of concern to the United States Institute of Peace and a former United States: national and global security, terrorism, nuclear proliferation, economic senior diplomat from Pakistan, who served as and strategic opportunities in South Asia, democracy, and anti-Americanism in the ambassador to Japan, Spain, and Brazil. Muslim world. • The current U.S. engagement with Pakistan offers certain lessons for U.S. -
A Stranger in My Own Country East Pakistan 1969-1974
A Stranger in Ny Own Contry East Pakistan, 1969-1971 repreoduced by Sani H. Panhwar A Stra nger inm yow n c ountry Ea stPa kista n, 1969-1971 Ma jor Genera l (Retd) Kha dim Hussa inRa ja Reproducedb y Sa niH. Pa nhw a r C O N TEN TS Introduction By Muhammad Reza Kazimi .. .. .. .. .. 1 Chapter 1 The Brewing Storm .. .. .. .. .. .. .. 6 Chapter 2 Prelude to the 1970 Elections .. .. .. .. .. .. 13 Chapter 3 The Rising Sun of the Awami League .. .. .. .. .. 22 Chapter 4 The Devastating Cyclone of November 1970 .. .. .. .. 26 Chapter 5 A No-Win Situation .. .. .. .. .. .. .. 28 Chapter 6 The Crisis Deepens .. .. .. .. .. .. .. 32 Chapter 7 Lt. Gen. Tikka Khan in Action .. .. .. .. .. .. 42 Chapter 8 Operation Searchlight .. .. .. .. .. .. .. 50 Chapter 9 Last Words . .. .. .. .. .. .. .. 63 Appendix A .. .. .. .. .. .. .. .. .. 70 Appendix B .. .. .. .. .. .. .. .. .. 71 Appendix C .. .. .. .. .. .. .. .. .. 78 Introduction B y M uham m adReza Kazim i History, it is often said, 'is written by victors'. In the case of East Pakistan, it has been written by the losers. One general,1 one lieutenant general,2 four major generals,3 and two brigadiers4 have given their account of the events leading to the secession of East Pakistan. Some of their compatriots, who witnessed or participated in the event, are still reluctant to publish their impressions. The credibility of such accounts depends on whether they were written for self-justification or for introspection. The utility of such accounts depends on whether they are relevant. On both counts, these recollections of the late Major General Khadim Hussain Raja are of definite value. They are candid and revealing; they are also imbued with respect for the opposite point of view. -
Examining Pakistan's Strategic Decision to Support the US War On
Examining Pakistan’s Strategic Decision to Support the US War on Terror Examining Pakistan’s Strategic Decision to Support the US War on Terror Dr Tughral Yamin * Abstract The decision by the Pakistani leadership to unconditionally support the US in its war on terror after the 9/11 attacks has had long-term consequences. Now that the US intervention in Afghanistan is rapidly moving towards its denouement, the implications have become painfully clear. At the time the decision was made, the prevalent environment dictated the government of Pakistan to act quickly in favour of the USA. To defy the US would have meant grave consequences. Pakistan lacked the means and resources to chart an independent path. In this atmosphere of overwhelming coercion and fear, the only rational choice was total and complete cooperation. The government of Pakistan chose to unconditionally side with the US. This paper argues that the decision- making process is short-circuited when a single person is calling the shots, and the long-term consequences can be less than satisfactory. A multi-layered decision-making process not only buys time for the decision makers, but it also makes for greater responsibility and reduces the negative fallout to a large extent. A holistic response requires greater participation from all stakeholders. It also needs courage and imagination on the part of all concerned parties. An extraordinary situation must be thought through in great detail before making a strategic commitment. Keywords: Decision-making process; War on Terror; post-9/11 South/Central Asia * Dr Tughral Yamin is a retired brigadier and is currently the Associate Dean at the Centre for International Peace & Stability, NUST Islamabad. -
A Comparative Study of the Press in America, India and Pakistan
The Joan Shorenstein Center on the Press, Politics and Public Policy Working Paper Series Covering September 11 and Its Consequences: A Comparative Study of the Press in America, India and Pakistan By Ramindar Singh Shorenstein Fellow, Fall 2001 Executive Director, Media Operations, IndusInd Entertainment Limited #2002-4 Copyright 2002, President and Fellows of Harvard College All rights reserved COVERING SEPTEMBER 11 AND ITS CONSEQUENCES A COMPARATIVE STUDY OF THE PRESS IN AMERICA, INDIA AND PAKISTAN By Ramindar Singh, Shorenstein Fellow, Fall 2001 The September 11 attack on the World Trade Center in New York , confronted the Press with a supreme challenge, in America where the earth-shaking event happened and in South Asia which continued to experience violent aftershocks months later. September 11 affected Americans in a most fundamental way; it forced them to re-assess their role in the world and question why they become a target for disaffected groups in faraway lands. Similar reassessments were underway on the other side of the globe, with the press in India and Pakistan asking a different set of questions about how this event would affect and alter the lives of people in the South Asia region. This paper is an attempt to analyse how the press in America responded to the need to understand and report what happened on September 11, analyse why it happened and to present this information and analysis in a professional manner untainted by emotion, sentiment or jingoism. Simultaneously it examines how the press in India and Pakistan handled a similar challenge in their region. It would be tempting, while analyzing the performance of the press in these three countries, to cover a wide spectrum of newspapers and television stations. -
The Imposition of Martial Law in the United States
THE IMPOSITION OF MARTIAL LAW IN THE UNITED STATES MAJOR KIRK L. DAVIES WTC QUALTPy m^CT^^ A 20000112 078 Form Approved REPORT DOCUMENTATION PAGE OMB No. 0704-0188 Public reDOrtino burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, a^^r^6<^mim\ngxh^a^BäJ, and completing and reviewing the collection of information Send comments regarding this burden estimate or any^othe aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Inforrnatior.Ope.rations and Reporte, 1215 Jefferson Davfei wShwa? Suit? 1:204 Arlington: VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Pro]ect (0704-01881, Washington, DC 20503. 1. AGENCY USE ONLY (Leave blank) 2. REPORT DATE REPORT TYPE AND DATES COVERED 3Jan.OO MAJOR REPORT 4. TITLE AND SUBTITLE 5. FUNDING NUMBERS THE IMPOSITION OF MARTIAL LAW IN UNITED STATES 6. AUTHOR(S) MAJ DAVIES KIRK L 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION REPORT NUMBER JA GENERAL SCHOOL ARMY 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSORING/MONITORING AGENCY REPORT NUMBER THE DEPARTMENT OF THE AIR FORCE AFIT/CIA, BLDG 125 FY99-603 2950 P STREET WPAFB OH 45433 11. SUPPLEMENTARY NOTES 12a. DISTRIBUTION AVAILABILITY STATEMENT 12b. DISTRIBUTION CODE Unlimited distribution In Accordance With AFI 35-205/AFIT Sup 1 13. ABSTRACT tMaximum 200 words) DISTRIBUTION STATEMENT A Approved for Public Release Distribution Unlimited 14. SUBJECT TERMS 15. NUMBER OF PAGES 61 16. -
Return of the Taliban" Teacher's Guide
"Return Of The Taliban" Teacher's Guide About the Film: FRONTLINE reports from the lawless Pakistani tribal areas along the Afghanistan- Pakistan border and reveals how the area has fallen under the control of a resurgent Taliban militia. Despite the presence of 80,000 Pakistani troops, the Taliban and their supporters continue to use the region as a launching pad for attacks on U.S. and coalition forces in Afghanistan. Off limits to U.S. troops by agreement with Pakistan's president and long suspected of harboring Osama bin Laden and his deputy Ayman al-Zawahiri, the area is now considered a failed state. President Pervez Musharraf tells FRONTLINE reporter Martin Smith that Pakistan's strategy, which includes cash payments to militants who lay down their arms, has clearly foundered. In a region little understood because it is closed to most observers, FRONTLINE investigates a secret front in the war on terror. Watching the Film: Teachers can either assign the film for viewing as homework or show the film in class. Suggested discussion questions are provided. The lessons and activities in this guide can be used in the classroom without having viewed the film. A Note to Teachers: The lesson plan examines the growth of lawlessness in the tribal regions of Pakistan and asks students to propose solutions to this problem. The lesson plan can be used in its entirety or teachers can select individual activities to accommodate instructional time and student abilities. For classes in social studies, language arts, current events and history; Grade level 9th – 12th. Discussion Questions: This guide includes a list of questions for students to discuss after viewing "Return of The Taliban. -
Politics After a Nuclear Crisis
Politics after a Nuclear Crisis by Brian Martin Depamnent of Science and Technology Studies University of Wollongong Contained in the legal systems of almost all modern liberal democratic states is the provision for extraordinary executive power to be exercised in emergen- cies. This power is variously called martial law, state of seige, constitutional emergency powers, and constitutional dictatorship. This power is designed for use both in the event of war and in the face of civil unrest, and many govern- ments make extensive preparations for these contingencies. Considering the scope and impact of constitutional emergency powers, remarkably little attention has been given to them by either supporters or critics of state power. One of the main reasons is that the problem seems remote in the lulls between emergencies, and also disturbing: Politicians certainly have nothing to gain by raising the issue.' The 1980s saw an enormous upsurge in attention to the problem of nuclear war. Yet while accounts of the physical effects of nuclear war have been innum- erable, there has been little mention of the likely political aftermath of a nuclear crisis or war: the problem of constitutional dictatorship in the nuclear age. This topic is my concern here. To justify the examination of politics during and after a nuclear crisis or war, it is first necessary to show the significant possibility that these can occur without total destruction of human society. That is my first task. After a mention of some of the connections between war and political economy, I focus on "war dictator- ship," namely, the subordination of societies to authoritarian states, which is a likely political consequence of nuclear crisis. -
Martial Law in India: the Deployment of Military Under the Armed Forces Special Powers Act, 1958
\\jciprod01\productn\S\SWT\24-1\SWT104.txt unknown Seq: 1 12-MAR-18 7:17 MARTIAL LAW IN INDIA: THE DEPLOYMENT OF MILITARY UNDER THE ARMED FORCES SPECIAL POWERS ACT, 1958 Khagesh Gautam* ABSTRACT: The question for inquiry in this article is whether the key provi- sions of the Armed Forces Special Powers Act, 1958 (“AFSPA”), an Indian Parliamentary legislation, amount to a de facto proclamation of Martial Law in India. The constitutional validity of AFSPA has been upheld by a unanimous constitution bench of five judges of the Supreme Court of India. But the AFSPA has not yet been examined from the Martial Law perspective. In order to engage in this inquiry, this article briefly traces the development of the idea of Martial Law and argues that military acting independent of the control of civilian authorities is the most important feature of Martial Law. This article also argues that in order for a geographical area to be under Martial Law, there is no need to have a formal promulgation of the same. In other words, an area can be under Martial Law without formally be- ing so declared. They key feature to note is whether the military is acting independent of the civilian control or not. The AFSPA is then analyzed from this angle and it is concluded that when the AFSPA becomes applicable to any area in India, that area is under de facto Martial Law. The question of whether or not the Indian Constitution impliedly or expressly authorizes the proclamation of Martial Law is * Stone Scholar, LL.M. -
Biographies of Main Political Leaders of Pakistan
Biographies of main political leaders of Pakistan INCUMBENT POLITICAL LEADERS ASIF ALI ZARDARI President of Pakistan since 2008 Asif Ali Zardari is the eleventh and current President of Pa- kistan. He is the Co-Chairman of the Pakistan Peoples Party (PPP), a role he took on following the demise of his wife, Benazir Bhutto. Zardari rose to prominence in 1987 after his marriage to Benazir Bhutto, holding cabinet positions in both the 1990s PPP governments, and quickly acquired a reputation for corrupt practices. He was arrested in 1996 after the dismissal of the second government of Bena- zir Bhutto, and remained incarcerated for eight years on various charges of corruption. Released in 2004 amid ru- mours of reconciliation between Pervez Musharraf and the PPP, Zardari went into self-imposed exile in Dubai. He re- turned in December 2007 following Bhutto’s assassination. In 2008, as Co-Chairman of PPP he led his party to victory in the general elections. He was elected as President on September 6, 2008, following the resignation of Pervez Musharraf. His early years in power were characterised by widespread unrest due to his perceived reluctance to reinstate the Chief Justice of the Supreme Court (who had been dismissed during the Musharraf imposed emergency of 2007). However, he has also overseen the passage of the 18th Amendment to the Constitution which effectively www.presidentofpakistan.gov.pk reduced presidential powers to that of a ceremonial figure- Asif Ali Zardari, President head. He remains, however, a highly controversial figure and continues to be dogged by allegations of corruption. Mohmmad government as Minister of Housing and Public Works.