Defining Terrorism in Pakistani Anti-Terrorism Law

Iqbal, Khurshid; Shah, Niaz A.

Abstract

We critically examine the definition of ‘terrorism’ in the Anti-Terrorism 1997 of Pakistan and as it is interpreted by the Supreme Court of Pakistan under the principle of legality in criminal and human rights law standards. We conclude that the definition of terrorism under the Anti-Terrorism Act does not pass the test of the principle of legality and the jurisprudence of the Supreme Court of Pakistan is inconsistent confounding the situation further. We recommend that Pakistan, following the principle of legality and human rights standards, amend the current definition of terrorism as an overbroad definition could be misused and abused leading to human rights violations.

Citation

Iqbal, K., & Shah, N. A. (2018). Defining Terrorism in Pakistani Anti-Terrorism Law. Global journal of comparative law, 7(2), 272-302. https://doi.org/10.1163/2211906X-00702003

• Journal Article Type: Article
• Acceptance Date: Feb 12, 2018
• Publication Date: Aug 14, 2018
• Deposit Date: Feb 14, 2018
• Publicly Available Date: Aug 15, 2020
• Print ISSN: 2211-9051
• Publisher: Brill Academic Publishers
• Peer Reviewed: Peer Reviewed
• Volume: 7
• Issue: 2
• Pages: 272-302
• Series ISSN: 2211-9051
• DOI: https://doi.org/10.1163/2211906X-00702003
• Keywords: Human rights; Principle of legality; Anti-Terrorism Act 1997; Terrorism
• Public URL: https://hull-repository.worktribe.com/output/597297
• Publisher URL: http://booksandjournals.brillonline.com/content/journals/10.1163/2211906x-00702003
• Contract Date: Feb 23, 2018