Islamabad, Pakistan – The recent sentencing of 25 civilians by a military court in Pakistan drew sharp criticism from the United States on Monday, which accused the proceedings of lacking “judicial independence, transparency and due process guarantees”.
“The United States is concerned by the conviction of Pakistani civilians in a military court and calls on the Pakistani authorities to respect the right to a fair trial and due process,” State Department spokesman Matthew Miller told X, social media platform.
This US statement follows similar concerns expressed by the United Kingdom and the European Union (EU), which also questioned the use of military courts to try civilians.
The EU was the first to react to the military court's rulings on December 21, issuing a statement the next day expressing “dismay” at the sentence and adding that the rulings appeared “contrary to Pakistan's obligations under the International Covenant for Civil and Political”. rights (ICCPR)”.
The EU also highlighted Pakistan's beneficiary status under the Generalized Scheme of Preferences Plus (GSP+), which allows Pakistani exports to enter European markets duty-free – a reference that was widely seen as a subtle warning that a perceived failure to fulfill international human rights obligations may jeopardize this status.
So why has Pakistan tried civilians through military courts, how has Islamabad responded to criticism from the US, UK and EU, and what's next – for Pakistan and its relationship with the West?
What were military trials about?
The latest military trials stem from nationwide unrest that followed the May 9 arrest of former prime minister Imran Khan in Islamabad last year.
Supporters of Khan's 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, which was set on fire.
Khan was released within 48 hours of a Supreme Court ruling, but thousands of PTI workers were arrested over the violence.
Of these, 105 were referred to military courts. In April of this year, 20 people with less than three years of sentence were released, leaving 85 in custody.
On December 21, the military announced that 25 people had been convicted, with at least 14 sentenced to 10 years in prison.
The army has defended the procedure, stating that it followed a regular legal process and ensured the legal rights of the accused.
Last month, the United Nations Human Rights Committee urged the Pakistani government to review legislation related to military courts and revoke their jurisdiction over civilians.
How has Pakistan responded to criticism of the sentence?
Earlier in the week, Pakistan's Foreign Ministry responded to the EU's comments. Spokeswoman Mumtaz Zahra Baloch said the government was reviewing the statement, but indicated that Pakistan's constitution and judiciary – not any foreign entity – would determine its domestic political and legal decisions.
On Tuesday, the Foreign Office issued a more detailed statement, insisting that Pakistan's legal system “guarantees the promotion and protection of human rights and fundamental freedoms” and was consistent with “international human rights law, including the provisions of the International Covenant on Civil and Political Rights (ICCPR)”.
“We will continue to engage with our international partners, including the European Union, to support international human rights law, without any discrimination and double standards,” the statement said.
What is GSP+ status and what does it have to do with military courts?
GSP+ is an EU-led program to encourage partner countries to improve governance standards and focus on sustainable development by offering them preferential access to trade.
Under the EU's GSP+, countries granted status must adhere to and “effectively implement” 27 core international conventions – including the ICCPR – to continue to benefit from GSP+ status.
Conventions are non-economic in nature and focus on issues such as human rights, labor rights, the environment and good governance.
Pakistan is one of the eight countries that enjoys GSP+ benefits, chief among which is duty-free access to European markets. Bolivia, Cape Verde, Kyrgyzstan, Mongolia, the Philippines, Sri Lanka and Uzbekistan are the other countries with which the EU partners under the GSP+ initiative.
In its statement condemning Pakistan, the EU said that under the ICCPR, people have the right to a fair and public trial before an independent and impartial tribunal, with adequate legal representation.
Pakistan's government argues that its constitution allows civilians to be tried in military courts, a practice that continued during Imran Khan's tenure as prime minister between 2018 and 2022.
However, military trials are often criticized for their secrecy and limited transparency. Although defendants have the right to legal representation, these courts lack the public scrutiny characteristic of civil trials.
Haroon Sharif, a former minister of state, warns that defaulting on non-economic commitments could harm Pakistan's economic interests.
“Such agreements are tools for political bargaining. When a country's politics is fragmented, it affects economic outcomes and creates serious challenges,” he told Al Jazeera.
Could Pakistan's exports take a hit?
The PTI considers the military trials part of a wider two-year crackdown on the party since Khan was ousted by a parliamentary no-confidence vote in April 2022.
The former prime minister himself was arrested again in August 2023 and remains jailed on charges that include sedition and terrorism related to the May 9 riots, among dozens of other cases against him. Army denies allegations of targeting PTI.
Former Prime Minister Shahid Khaqan Abbasi also questioned the decision to try civilians in military courts, arguing that the trials gave international bodies a basis for criticism.
“The government could have used anti-terrorism or other civilian courts, ensuring transparency. Military trials, although constitutional, violate fundamental rights,” he told Al Jazeera.
Former Finance Minister Miftah Ismail also described military trials as “archaic” and urged the government to engage diplomatically with the US, UK and EU to explain the rationale for their use in this case.
“The GSP+ status is critical, 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.
In 2023, EU figures showed Pakistan was the biggest beneficiary of GSP+, with more than 78 percent of its exports to Europe – worth around €4 billion ($4.2 billion) – entering duty-free. . Textiles and clothing accounted for 73 percent of these exports.
Sharif, who was also chairman of Pakistan's Board of Investment (BoI), says the country's economic managers must be aware of the fact that EU countries, as well as the UK and the US, have great influence over decisions. in the International Monetary Fund. (IMF), which is giving Pakistan a $7 billion bailout loan.
“Pakistan is isolating itself by not engaging with the global community and their institutions, and this has a heavy transactional cost due to our ongoing internal political strife,” he said.
“The country must reduce the intensity of this unstable political landscape and must create space for itself with a professional outlook and find a way to enter global institutions. Otherwise, incompetence could lead to market shocks,” Sharif said.
