London, March 16. Pakistani military courts are being used to deal with perceived threats to the security establishment. However, this action undermines fair trial guarantees and civilian judicial authority. The use of court martial against civilians after the May 9, 2023 protests, and the Supreme Court's decision in 2025 to reauthorize these trials, demonstrates a deeper militarization, according to a report.
"The core problem is structural: military courts are executive-controlled forums designed to enforce discipline within the armed forces, not to adjudicate civilian guilt and innocence under ordinary criminal law. Proceedings are secret, judges are serving officers, and defendants are denied basic safeguards such as public hearings, independent and impartial tribunals, and full access to counsel and evidence," Sakariya Kareem wrote in the UK-based newspaper, Asian Lite.
The International Commission of Jurists (ICJ) has repeatedly stated that Pakistan's military justice system is not compatible with fair administration of justice and violates Article 14 of the International Covenant on Civil and Political Rights (ICCPR). The protests held on May 9, 2023, following the arrest of former Pakistani Prime Minister Imran Khan, provided an excuse to use military courts against civilians. Protesters targeted the General Headquarters (GHQ) in Rawalpindi, the Lahore Corps Commander's house, and other military sites.
In response, Pakistan's army chief said that trials of alleged planners, instigators, and perpetrators should be conducted under the Pakistan Army Act of 1952 and the Official Secrets Act of 1923. Over 100 civilians accused of targeting military installations were removed from the ordinary court system and handed over to military jurisdiction.
In October 2023, a five-judge bench of the Supreme Court struck down the military trials of 103 civilians, stating that section 2(1)(d) of the Army Act, which permits civilians to be tried in military courts, was unconstitutional. The Court directed that all the accused be tried in civilian courts under ordinary criminal law. However, a larger Supreme Court bench in Pakistan overturned this judgment on May 7, 2025.
The Court overturned the earlier judgment, restored the contested provisions of the Army Act, and allowed the trial of civilians accused in the May 9 protests in military courts for offenses targeting the armed forces and national security. The Court ordered the government to legislate within 45 days to provide a right of appeal, but rights activists said that this did not address the fundamental issues of secrecy, lack of independence, and executive control characteristic of military justice, according to the report.
"The ICJ's detailed analysis of these trials describes multiple due process violations. Defendants and their lawyers often lack access to charge sheets, evidence, and judgments; proceedings are held in undisclosed locations; and families are denied information about hearing dates or outcomes until after sentences are handed down. Reports also point to the use of torture and ill-treatment to extract confessions, as well as harassment of relatives attempting to attend proceedings or challenge convictions," Kareem wrote in Asian Lite.
"In earlier waves of military court activity under Pakistan's 2015–2019 constitutional amendments, at least eight civilians were executed following secret trials, prompting the ICJ to label these executions unlawful and in breach of both domestic law and international obligations. The current cycle risks repeating this pattern, now directed at a new political constituency," the analyst added.