Implementation and complinnce of international humanitarian law in the federally administered tribal areas, Pakistan

Abstract

Federally Administered Tribal Areas in Pakistan became victim to the war on terror in the past few years. This has given birth to the debate on applicability of international humanitarian law in the area, especially in light of the strict legislation applicable to Federally Administered Tribal Areas. After establishing that international humanitarian law does in fact apply to Federally Administered Tribal Areas, this research projectdiscussesthe implementation of and compliance with international humanitarian law in Federally Administered Tribal Areas. There is, first and foremost, a need to distinguish between terrorism and international humanitarian law to characterize the situation in Federally Administered Tribal Areas. Whether the situation in Federally Administered Tribal Areas amounts to non-international armed conflict or international armed conflict would determine the applicability of relevant international humanitarian law. Therefore, the situation in Federally Administered Tribal Areas is characterized as non-international armed conflict. Then, an analysis is conducted as to whether the legal framework applicable in Federally Administered Tribal Areas conforms to the international humanitarian law applicable in the area. Lastly, recommendations are made in light of the discussion conducted in the research project.