
Islamabad, Pakistan – The recent sentencing of 25 civilians by a Pakistani military court has drawn sharp criticism from the United States, which accused the trial process of lacking “judicial independence, transparency and due process guarantees.”
“The United States is concerned about the sentences imposed on Pakistani civilians by military tribunals and calls on Pakistani authorities to respect the rights to a fair trial and due process,” State Department spokesman Matthew Miller said. say on X on Monday.
The US statement follows similar concerns expressed by the UK and EU, which have also questioned the use of military tribunals to try civilians.
The EU was the first to react Military court verdict on December 21It issued a statement the next day expressing “concern” about the verdict, adding that it appeared to be “incompatible with Pakistan’s obligations under the International Covenant on Civil and Political Rights (ICCPR)”.
The EU also highlighted Pakistan’s beneficiary status under the Generalized System of Preferences Plus (GSP+), a scheme that allows Pakistani exports duty-free access to European markets – a reference widely seen as a subtle warning that Pakistan is failing to meet international obligations. Human rights obligations may jeopardize this status.
So why is Pakistan punishing civilians through military courts, how is Islamabad responding to criticism from the US, UK and EU, and what’s next for Pakistan and its relationship with the West?
What is a military trial about?
The latest military trials stemmed from the nationwide unrest that followed Arrested on May 9 Last year, former Prime Minister Imran Khan held talks in Islamabad.
Supporters of Khan’s Pakistan Tehreek-e-Insaf (PTI) party targeted government buildings, monuments and military installations, including the army headquarters in Rawalpindi and the residence of a senior military official in Lahore, where Set on fire.
Within 48 hours of the Supreme Court ruling, Khan was released, but thousands of PTI workers were arrested for violence. Of these, 105 were referred to military courts. In April this year, 20 people with sentences of less than three years were released, while 85 people are still in custody.
On December 21, the military announced that 25 people had been convicted, at least 14 of whom had been sentenced to 10 years in prison.
The military defended the proceedings, saying they followed due process and ensured the defendants’ legal rights.
Last month, the United Nations Human Rights Council urged the Pakistani government to review legislation on military courts and revoke their jurisdiction over civilians.
How does Pakistan respond to criticism?
Earlier this week, Pakistan’s foreign ministry responded to the EU’s comments. Spokesperson Mumtaz Zahra Baloch said the government was reviewing the statement but said Pakistan’s constitution and judicial system – not any foreign entity – would determine its domestic political and legal decisions.
On Tuesday, the Ministry of Foreign Affairs issued a more detailed statement, insisting that Pakistan’s legal system “guarantees the promotion and protection of human rights and fundamental freedoms” and is consistent with “international human rights law,” including the provisions of the International Covenant on Civil and Political Rights .
“We will continue to work with international partners, including the EU, to uphold international human rights law without any discrimination or double standards,” the statement said.
What is GSP+ status? What does it have to do with courts martial?
GSP+ is a program implemented by the European Union that aims to incentivize partner countries to improve governance standards and focus on sustainable development by providing them with preferential trade access.
Under the EU’s GSP+, countries granted this status must comply with and “effectively implement” 27 core international conventions – including the International Covenant on Civil and Political Rights – in order to continue to benefit from GSP+ status.
These conventions are non-economic in nature and focus on issues such as human rights, labor rights, environment and good governance.
Pakistan is one of eight countries that enjoys GSP+ benefits, the main one being tariff-free access to the European market. Bolivia, Cape Verde, Kyrgyzstan, Mongolia, Philippines, Sri Lanka and Uzbekistan are EU partners under the GSP+ initiative.
In a statement on Pakistan’s verdict, the EU said that under the International Covenant on Civil and Political Rights, people have the right to a fair and public trial before an independent and impartial court and to adequate legal representation.
Pakistan’s government has argued that its constitution allows civilians to be tried in military courts, a practice it upheld even when Khan was prime minister from 2018 to 2022.
However, military trials are often criticized for their limited confidentiality and transparency. Although defendants have the right to legal representation, these courts lack the public scrutiny characteristic of civil trials.
Former state minister Haroon Sharif warned that failure to fulfill non-economic commitments could harm Pakistan’s economic interests.
“Such agreements are political bargaining tools. When a country is politically divided, it affects economic outcomes and creates serious challenges,” he told Al Jazeera.
Will Pakistan’s exports take a hit?
PTI believes the military trial is part of a wider two-year crackdown on the party after Khan was ousted through a vote of no confidence in parliament in April 2022.
The PTI leader was rearrested in August 2023 and remains in jail on charges including sedition and terrorism related to the May 9 riots, among dozens of other cases against him. The army denies the allegations against PTI.
Former Prime Minister Shahid Khaqan Abbasi also questioned the decision to try civilians in military courts, arguing that the trials provided grounds for criticism by international bodies.
“The government could have used anti-terrorism courts or other civilian courts to ensure transparency. Military trials, while constitutional, conflict with fundamental rights,” he told Al Jazeera.
Former finance minister Miftah Ismail also called military trials “obsolete” and urged the government to engage diplomatically with the United States, Britain and the European Union to explain the rationale for their use in this case.
“The GSP+ status is crucial as it allows duty-free access to European markets. Losing this status could reduce Pakistan’s exports by 20 to 30 percent,” he told Al Jazeera.
EU data shows that Pakistan was the biggest beneficiary of GSP+ in 2023, with more than 78% of its exports to Europe – worth nearly 4 billion euros ($4.2 billion) – entering duty-free status. Textiles and clothing accounted for 73% of these exports.
Sharif, who is also chairman of Pakistan’s Board of Investment (BoI), said the country’s economic managers need to recognize the fact that EU countries, as well as Britain and the United States, have significant influence on IMF decisions. IMF (International Monetary Fund) throws lifeline to Pakistan – $7 billion loan.
“Pakistan has isolated itself by not engaging with the international community and its institutions, which has created heavy transaction costs due to our ongoing domestic political wrangling,” he said.
“The country must reduce the intensity of this volatile political landscape, must create space for itself with a professional vision, and find ways to integrate into global institutions. Otherwise, incompetence may lead to market shocks,” Sharif said.