Balancing National Security and Human Rights: A Critical Review of Pakistan’s Counterterrorism Laws

Abstract

This paper is a critical analysis of how national security and human rights conflict in the counterterrorism law in Pakistan. After the rising terrorism threats, Pakistan has embarked on stricter laws such as the Anti- Terrorism Act, 1997, and the establishment of military courts and extensive detention powers. Although this is all in the name of keeping the people and the state safe, in most instances, these measures have resulted in the degradation of fundamental rights, like due process, fair trial, and freedom of expression. This article will discuss how these laws have been applied, whether they have met the constitutional protection, and whether they have met the international human rights laws. It is also a result of the impact of the judiciary, law enforcement agencies, as well as international pressure in shaping the counter-terrorist regime in Pakistan. Shedding light on the cases of overreach and the ways of the potential reforms, the study underlines that a milder way of law enforcement is required, which would keep the state safe without causing harm to civil liberties.