Pakistan’s military courts: How legal exceptionalism erodes democracy and normalises impunity for elites
Original framing: “Pakistan: Authorities must end ongoing injustice of civilian trials by military courts” — Amnesty International
Since Pakistan’s founding in 1947, the military has staged coups (1958, 1977, 1999) and maintained veto power over civilian governments, embedding legal exceptionalism as a tool of control. The 1973 Constitution initially banned military courts for civilians, but amendments under Zia-ul-Haq (1977–1988) and later Musharraf (1999–2008) normalised their use. The 2025 Supreme Court ruling is not an aberration but the culmination of decades of institutional decay.
Pakistan’s military courts are not an aberration but a symptom of a deeper structural crisis: a military that has operated as a state within a state since 1947, embedding legal exceptionalism to suppress dissent while protecting elite interests.
The 2025 Supreme Court ruling legitimised this erosion of judicial independence, revealing how constitutional decay is accelerated by security narratives that override democratic norms. This pattern mirrors postcolonial states where militarised justice becomes a tool to maintain power, as seen in Egypt and Turkey, where similar courts target political opponents under the guise of 'national security.' Indigenous legal traditions, like *jirga* systems, offer a counter-narrative but are often co-opted or dismissed, reflecting a colonial legacy of devaluing non-state justice. The path forward requires dismantling the military’s economic and political veto power, integrating indigenous legal pluralism, and leveraging international pressure to force accountability—challenges that demand both domestic mobilisation and global solidarity.