Subletting important matters to the army
It is important for the government to understand that gaining ground on the matter of military courts will only go so far in the larger battle against terrorism. The APC might have ironed out differences with regard to amending the constitution, but the growing perception, especially in official circles, that this route will prove a major deterrent might be premature. The enemy is obviously well prepared for a fight to the finish. But the traditional system had compromised justice delivery to an unbearable extent. And, as the APC unanimity showed, there was simply no alternative to tie this end, at least.
The legal aspect is, of course, only one part of the overall COIN effort. History is replete with lessons that such trying times demand courageous and inspiring leadership. And on this front Nawaz might have more hurdles to cross than he realises. True, the dharna pressure has disappeared and all political parties stand behind him in this existential war. But so far the leadership has done precious little to inspire the kind of confidence that the country needs. Nawaz has made one strong statement after another since Dec16, but he has offered little except military courts being the most urgent need of the hour, and he is for “elimination of terrorists” and “a safer Pakistan”.
But once the dust settles and these courts go about their business, there is the danger that the prime minister might emerge even weaker than before. Already, he seems living up to his reputation of quietly subletting the most important matters to the military as long as he is comfortable in the prime minister house. And the military courts are just one example of this trend. With the GHQ already completely controlling Zarb-e-Azb, and now set to take up the legal fallout, there is not much for the political leadership to do except issue periodic statements, which does not exactly fit the definition of bold or courageous leadership. Traditional courts have failed because the state could neither streamline procedural irregularities nor provide safety to the legal community. Simply switching to the military option might see the immediate storm through, but it will do the government no favours in the long run. The government must bolster civilian institutions or take responsibility for the failure of the state.