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Rule of law not just to punish but rebuild societies: CJ
ISLAMABAD: Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry Sunday said the rule of law should not just punish for wrong acts rather provide framework to rebuild societies.He was addressing the launching ceremony of a book titled, "Counter-Terrorism: International Law and Practices" co-edited by Ana Maria Salinas de Frias, Katja Samuel and Nigel White and published by Oxford University Press.
The chief justice said the book was a valuable work wherein so many established luminaries from all over the world have made notable contribution.
Principal editor and visionary of the Project Dr. Katja Samuel, is a Barrister and an Associate Lecturer at Nottingham University, UK and the Justice Tassaduq Hussain Jillani, Judge, Supreme Court of Pakistan, is one of the contributing experts.
The book deals with a great variety of topics including, UN Resolutions, International Treaties and various Declarations.
He said as a nation, we have suffered much due to terrorism for many years-whether it is national, cross border or international terrorism; both from the threat of terrorist attacks as well as domestic and international efforts to fight this phenomenon.
"As practitioners and judges, we are primary guardians in ensuring that the rule of law is always respected, including through insisting on areas of executive restraint where necessary".
In a lighter tone, the chief justice said likewise lawyers' movement in Pakistan, perhaps the International Legal Regime requires a similar movement to protect the norms and values of the International Law, the way our Lawyers' Movement protected the Rule of Law and Constitution.
"It was a movement of selfless people striving for the benefit of the system and its people; and against the arrogance of the brutal forces which came to set aside the norms of justice," he said.
He said the book has beautifully been concluded by the final remarks that there can be no exact definition of the term 'terrorism' as it varies from region to region because of changing scenarios.
The Chief Justice said terrorism is by its nature a threat to national and potentially international, peace and security and breaches fundamental principles of international law, counter-terrorism should be proportionate response to specific terrorist acts and threats and should comply with international law at all times.
"The analysis made in this book provides that some relatively clear rules exist, including rules on the use of force against terrorists and their detention, treatment and trial". Most of these rules derive from international human rights law, which may be derogated from in situations of terrorism. The analysis shown in the book suggests that the states of emergency are exceptional and even if established do not justify draconian, sweeping measures.
He said the rule of law requires a carefully calibrated scale of counter-terrorism measures, which are a combination of a criminal justice approach based on human rights compliant domestic criminal law and international criminal law.
He said that the work is vital for shaping the measures for counter - terrorism, generally for the world and specifically for Pakistan who have suffered great loss of person and property in combating terrorist activities. (APP)
Courtesy www.geo.tv