Capital Punishment & Peace

 How International law is implacable in Pakistan to the context of capital punishment

International law creates several rights which are reflected in Pakistan. Where ever Pakistan ratify itself as an International treaty or Pakistan become a part of international regime then as a country of commonwealth jurisdiction, Pakistan has an obligation to make domestic legislation for implementation of law that’s how International law gets into Pakistan system, it gets into the framework of Pakistan and anyone who has a concern with the implementation of that law, will need to be aware of eventual relationship that law has with the international document consequent to which that domestic law was made or that domestic text was created.

The 1973 Constitution of Pakistan is divided into twelve parts, with over 250 articles. This fundamental document asserts individual rights and protection, such as the status of women, the right to fair trial, and the right to life. Nevertheless, despite the fundamental right to life entrenched in its Constitution, the Court has jurisdiction to sentence a person to death. Part 6 of the Constitution gives the Court the right to find an individual guilty of any crimes punishable by death under the Penal Code (Act XLV of 1860), or any other relevant law. 

Nevertheless, the Constitution contains a vivid preamble which states that Pakistan ought to follow and operate by Islamic laws and teaching. Whilst retaining the democratic principles entrenched in Article 1 of the Universal Declaration of Human Rights that all men are created equal and therefore, should equally be judged under national law The Constitution is a balance between two worlds, Islamic and non-Islamic. Article 31 of the Constitution talks about the ‘Islamic way of life’ meanwhile part 9 contains Islamic provisions. 

Pakistan has to follow Islamic laws, and as a matter of fact, Islam does not reject capital punishment. The Qur'an 6:151 States “…take not life, which God has made sacred, except by way of justice and law. Thus, does He command you, so that you may learn wisdom” This scripture of the Qur'an illustrates that, although Islam grants the right to life as seen in the fundamental principles above, it also permits individuals lives to be taken only in ‘ways of justice’. 

However, although capital punishment may be allowed, the Qur'an predominantly teaches forgiveness and peace. Muslims believe that capital punishment is a most severe sentence but one that may be instructed by a court for crimes of suitable severity, as seen above this is a perfectly painted picture of what the Constitution does. Although murder is deemed as a big sin in most religion, it is also punishable by death in many countries including Pakistan. 

The crucial point to note is that one may take a life “by way of justice and law” in Islamic teachings and belief. Henceforth why most Islamic states will continue to allow capital punishment clauses in their fundamental documents. As the death penalty can only be applied by the court as a remedy to the victim and their families, in most serious criminal cases. This is often the reasons why most Islamic Republic States like Pakistan will continue such practice

Death penalty in Pakistan is the main source of peace in my country according to article six of International law (ICCPR) death punishment is not strictly prohibited but there are several limitations on the execution of death penalty such as:

 Fair justice/trail has not been delivered

 ICCPR regulations have been violated; 

 Crime was not punishable by the death penalty at the time it was committed; 

 Offender is not entitled to seek pardon or a lesser sentence; 

 below the age of 18 is not possible. 

 Execution embossment is deny for pregnant women. 

2008 to 2014 by the Government of Pakistan People party, whose former chairmen Benazir Bhutto was well known opponent of the death penalty came to power in 2008 and installed Asif Ali Zardari to country president, taking charge of the office he issued an indefinite moratorium on executions however on his time only two people are executed one is 2012 or second one is 2014 for a murder of soldier.

During his time crime rate in Pakistan is very high, there is a lot of insurgencies non state activities terrorism, bomb blasts, and target killings on its peak. Criminals have strong courage to do any activity without any fear of penalty, situation is getting more worse after the attacks of APS when some militants group of terrorist are operated from Afghanistan attacked in school of army killed many innocent children’s and other staff of school administration after this incident our Jurisdictionary Political parties armed forces stand together at one stage or uplift the ban from death punishment although in Pakistan there are hundred thousand of cases are running under the courts and each case can take so much time for finishing so they can take initiative to create military courts for those cases who under the act of terrorism, ransom killing courts are  deals with them. In previous time Pakistan is faced a lot of terrorism in tribal areas which are linked up at the border line with Afghanistan as we can also say a Durand line. Afghan refugee can also play a major role in terrorism activities. If we are talking about Balochistan recently we caught a spy of Indian Intelligence Raw who commits his offense in a video message that he has been involved in so many activities.