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I did not bring the Tajiks and Uzbeks
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cleverrider
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Regarding this Video, there might be some bits that he is making it up or over exaggeration. However Since 1947 GHQ is in charge and messed up this country to the core. Ganja brothers and 10% are just pawns, the real gangsters are sitting in GHQ.
They have been playing tricks with the people of Pakistan since 1947 to increase their popularity, so they can rule. They are embarrassing as......, and achieved nothing as a army (What they get paid to do).
They have been playing tricks with the people of Pakistan since 1947 to increase their popularity, so they can rule. They are embarrassing as......, and achieved nothing as a army (What they get paid to do).
niaz
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Afghan Tajiks & Afghan Uzbecks were in Pakistan during the first Afghan war. However, they were later fighting Taliban as part of the Northern Alliance. Chechens, Uzbecks, Tajiks, Kirghiz that are currently allied with Al-Qaida have all come in after 9/11. It is possible that MMA Gov’t of KPK (then NWFP) had many who were strong supporters of the extremists and may have turned a blind eye to foreign terrorists, but it is highly unlikely that these came in come in with the Federal gov’t approval.
I therefore regret my inability to decipher whether this guy is telling the truth. This could all be just a propaganda video made by the Taliban & their supporters.
The following article describes how I feel about it.
Legal aspects of operation
By Ahmer Bilal Soofi
Published about 15 hours ago
The writer is a former caretaker federal law minister
ZARB-i-Azb is primarily being undertaken to disarm and eliminate the private armies of the Tehreek-i-Taliban Pakistan (TTP), Al Qaeda and Uzbek militants. It is, thus, clearly an exercise to enforce Article 257 of the Constitution which in no uncertain terms prohibits the functioning of any private army or militia within the territories of Pakistan. The troops deployed in the operation are therefore fulfilling their oath to uphold the Constitution.
Plainly, Zarb-i-Azb is a military operation in aid of civil power under Article 245 of the Constitution. Although the legal notification for military operations with respect to Fata and Pata had been issued as far back as 2008, the political decision to conduct the present military operation was taken after the breakdown of talks with the TTP and its affiliated groups.
Pakistan’s law to counter terrorism can be divided into two distinct categories: one comprising the law of conflict to regulate operations; the other the law to regulate peace and handle incidents of terrorism committed during peacetime. In so far as the law to regulate conflict is concerned, Article 245 of the Constitution and Section 5 of the Anti-Terrorism Act 1997, pursuant to which the armed forces are called up in aid of civil power, effectively constitute our domestic law of conflict, in addition to the Action in Aid of Civil Power Regulations 2011 (AACPR) and certain provisions of the Pakistan Army Act 1952.
Groups being targeted by Operation Zarb-i-Azb must be treated as enemies by all institutions.
Significantly, from a legal point of view, the directive of the federal government to commence the military operation also triggers Pakistan’s domestic law of conflict. In this context, the Pakistan Army Act defines ‘enemy’ in Clause 8 of its Section 8 as “any person in arms against whom it is the duty of any person subject to this Act to act”.
In legal terms, this means that there is a legislative declaration to treat an adversary — a term which has non-legal implications — as an ‘enemy’ — a more definite term under the law — once the armed forces are called in aid of civil power. Notification under Article 245 of the Constitution denotes the federal government’s executive determination of an adversary falling in the legal category of enemy. This is critical to note because it sets forth a legal compulsion that if the armed forces are deployed and invited to act against any enemy of state, then all institutions of the state must immediately accept the legal status of an adversary as enemy.
In other words, the TTP, Al Qaeda, the Haqqani group etc and all other private armies against whom Zarb-i-Azb is being carried out must be treated as an enemy by other state institutions including the judiciary and executive and to some extent the media as well as a matter of legal compulsion, as opposed to this being a politics- or a faith-based choice.
Let this be made clear that any citizen deemed as an enemy by virtue of Section 8 of the Army Act when invoked under Article 245 of the Constitution shall not be denied fundamental rights as a general rule. He will have the right to file a petition against his arbitrary arrest and entitled to a fair trial. However, if an ‘enemy’ against whom the armed forces are mobilised happens to be a foreigner, he will be classified as an ‘enemy alien’. Accordingly, a foreign national deemed an ‘enemy alien’ cannot file a petition in any Pakistani court unless the federal government permits it under Section 83 of the Code of Civil Procedure 1908. The newly passed Protection of Pakistan Bill also disentitles an enemy alien from the protection of several fundamental rights.
A related question here is whether or not an individual who has denounced the Constitution and is thus ideologically alienated from it, should also fall in the category of enemy alien. It bears attention that such individuals have ideologically alienated themselves from the Constitution on record through video messages or other forms of public messages. Although this situation certainly requires further legal elaboration, it is not too distant from the category of enemy alien. Whereas the latter is territorially alienated, the former — the ideologically alienated individual — that the military is mostly confronted with is alienated from the state by his beliefs. This merits future discussion.
From a legal standpoint, the IDPs pose yet another challenge. No relevant law or regulations have yet been enacted despite the government confronting an enormous challenge on this front. Here, the government could turn to the War Injuries Ordinance 1941 which gives it an additional administrative option to define the period of hostilities and also provides a mechanism for compensation for war injuries. The War Risks Insurance Ordinance 1971 provides an additional legal basis for such compensatory framework.
In order to ensure that the gains from Zarb-i-Azb are not subsequently lost in our criminal justice system, the government may also want to formally notify the private armies of non-state actors as unlawful private armies under the Private Military Organisations (Abolition and Prohibition) Act 1974. This will certainly facilitate the government in prosecuting their arrested members.
From the perspective of international law, Zarb-i-Azb represents the implementation of Pakistan’s various treaty obligations including UN Security Council Resolution 1373 which mandates all member states of the UN, including Pakistan, to “deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe havens” and to “prevent those who finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other states or their citizens”.
Importantly, in order to abide by our obligations under international human rights law, the use of force in military operations must be reasonably exercised within the bounds of the law of armed conflict. In this context, the AACPR regulates the use of force by providing for its calibrated use during military operations under the legal principles of necessity, distinction and proportionality.
The writer is a former caretaker federal law minister.
ahmersoofi@hotmail.com
Published in Dawn, July 12th, 2014
Legal aspects of operation - Newspaper - DAWN.COM
I therefore regret my inability to decipher whether this guy is telling the truth. This could all be just a propaganda video made by the Taliban & their supporters.
The following article describes how I feel about it.
Legal aspects of operation
By Ahmer Bilal Soofi
Published about 15 hours ago
The writer is a former caretaker federal law minister
ZARB-i-Azb is primarily being undertaken to disarm and eliminate the private armies of the Tehreek-i-Taliban Pakistan (TTP), Al Qaeda and Uzbek militants. It is, thus, clearly an exercise to enforce Article 257 of the Constitution which in no uncertain terms prohibits the functioning of any private army or militia within the territories of Pakistan. The troops deployed in the operation are therefore fulfilling their oath to uphold the Constitution.
Plainly, Zarb-i-Azb is a military operation in aid of civil power under Article 245 of the Constitution. Although the legal notification for military operations with respect to Fata and Pata had been issued as far back as 2008, the political decision to conduct the present military operation was taken after the breakdown of talks with the TTP and its affiliated groups.
Pakistan’s law to counter terrorism can be divided into two distinct categories: one comprising the law of conflict to regulate operations; the other the law to regulate peace and handle incidents of terrorism committed during peacetime. In so far as the law to regulate conflict is concerned, Article 245 of the Constitution and Section 5 of the Anti-Terrorism Act 1997, pursuant to which the armed forces are called up in aid of civil power, effectively constitute our domestic law of conflict, in addition to the Action in Aid of Civil Power Regulations 2011 (AACPR) and certain provisions of the Pakistan Army Act 1952.
Groups being targeted by Operation Zarb-i-Azb must be treated as enemies by all institutions.
Significantly, from a legal point of view, the directive of the federal government to commence the military operation also triggers Pakistan’s domestic law of conflict. In this context, the Pakistan Army Act defines ‘enemy’ in Clause 8 of its Section 8 as “any person in arms against whom it is the duty of any person subject to this Act to act”.
In legal terms, this means that there is a legislative declaration to treat an adversary — a term which has non-legal implications — as an ‘enemy’ — a more definite term under the law — once the armed forces are called in aid of civil power. Notification under Article 245 of the Constitution denotes the federal government’s executive determination of an adversary falling in the legal category of enemy. This is critical to note because it sets forth a legal compulsion that if the armed forces are deployed and invited to act against any enemy of state, then all institutions of the state must immediately accept the legal status of an adversary as enemy.
In other words, the TTP, Al Qaeda, the Haqqani group etc and all other private armies against whom Zarb-i-Azb is being carried out must be treated as an enemy by other state institutions including the judiciary and executive and to some extent the media as well as a matter of legal compulsion, as opposed to this being a politics- or a faith-based choice.
Let this be made clear that any citizen deemed as an enemy by virtue of Section 8 of the Army Act when invoked under Article 245 of the Constitution shall not be denied fundamental rights as a general rule. He will have the right to file a petition against his arbitrary arrest and entitled to a fair trial. However, if an ‘enemy’ against whom the armed forces are mobilised happens to be a foreigner, he will be classified as an ‘enemy alien’. Accordingly, a foreign national deemed an ‘enemy alien’ cannot file a petition in any Pakistani court unless the federal government permits it under Section 83 of the Code of Civil Procedure 1908. The newly passed Protection of Pakistan Bill also disentitles an enemy alien from the protection of several fundamental rights.
A related question here is whether or not an individual who has denounced the Constitution and is thus ideologically alienated from it, should also fall in the category of enemy alien. It bears attention that such individuals have ideologically alienated themselves from the Constitution on record through video messages or other forms of public messages. Although this situation certainly requires further legal elaboration, it is not too distant from the category of enemy alien. Whereas the latter is territorially alienated, the former — the ideologically alienated individual — that the military is mostly confronted with is alienated from the state by his beliefs. This merits future discussion.
From a legal standpoint, the IDPs pose yet another challenge. No relevant law or regulations have yet been enacted despite the government confronting an enormous challenge on this front. Here, the government could turn to the War Injuries Ordinance 1941 which gives it an additional administrative option to define the period of hostilities and also provides a mechanism for compensation for war injuries. The War Risks Insurance Ordinance 1971 provides an additional legal basis for such compensatory framework.
In order to ensure that the gains from Zarb-i-Azb are not subsequently lost in our criminal justice system, the government may also want to formally notify the private armies of non-state actors as unlawful private armies under the Private Military Organisations (Abolition and Prohibition) Act 1974. This will certainly facilitate the government in prosecuting their arrested members.
From the perspective of international law, Zarb-i-Azb represents the implementation of Pakistan’s various treaty obligations including UN Security Council Resolution 1373 which mandates all member states of the UN, including Pakistan, to “deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe havens” and to “prevent those who finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other states or their citizens”.
Importantly, in order to abide by our obligations under international human rights law, the use of force in military operations must be reasonably exercised within the bounds of the law of armed conflict. In this context, the AACPR regulates the use of force by providing for its calibrated use during military operations under the legal principles of necessity, distinction and proportionality.
The writer is a former caretaker federal law minister.
ahmersoofi@hotmail.com
Published in Dawn, July 12th, 2014
Legal aspects of operation - Newspaper - DAWN.COM
tarrar
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I agree with him, PA is doing wrong & not only that, I have met some phatans & I asked them about the on going ops & they said, the operation is right because there are lots of Indian terrorists (most of them said sikhs) & outsiders, but there are also those terrorists who are sponsored by our own Govt. & even in this interview he said the same.
The fact is & it is a hard fact, that if we don't win the hearts of these people then the won war will be lost completely because these people will take revenge from PA, the Govt. & the worse thing is the foreign enemies of Pakistan will fuel their anger against Pakistan & believe me it is already in process.
Ok, everybody on this forum don't believe me, interview these people yourself & you will get the truth, don't listen to anybody or any media, speak to these people yourself to find the truth.
Why our troops are doing this, the reason that I have learned from the interviewed people is, they believe they are shias & shias have shown no mercy to the people of NWA. Now this Shia thing is also something new that I have learned.
The end result is these people are very angry & they are very upset, this is very dangerous.
The fact is & it is a hard fact, that if we don't win the hearts of these people then the won war will be lost completely because these people will take revenge from PA, the Govt. & the worse thing is the foreign enemies of Pakistan will fuel their anger against Pakistan & believe me it is already in process.
Ok, everybody on this forum don't believe me, interview these people yourself & you will get the truth, don't listen to anybody or any media, speak to these people yourself to find the truth.
Why our troops are doing this, the reason that I have learned from the interviewed people is, they believe they are shias & shias have shown no mercy to the people of NWA. Now this Shia thing is also something new that I have learned.
The end result is these people are very angry & they are very upset, this is very dangerous.
Cool story bhaijaan.
tarrar
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None of this was made up by me & this is what I have learned from all the phatans I have interviewed so far, there is more but I have already discussed about it on other threads. So I don't want to repeat it over & over again.
suresh1773
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Lot of Indian Terrorists in Wazirstan (most of them said sikhs) ????
Tararjee,where did u get this,this is something new from me.
I think Sikhs from Indian Punjab(Amritsar,Ludhiana) went to Wazirstan via Lahore
asad71
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Sharmeen Obaid-Chinoy: Inside a school for suicide bombers | Talk Video | TED.com
Filmmaker Sharmeen Obaid-Chinoy takes on a terrifying question: How does the Taliban convince children to become suicide bombers? Propaganda footage from a training camp is intercut with her interviews of young camp graduates. A shocking vision.
Filmmaker Sharmeen Obaid-Chinoy takes on a terrifying question: How does the Taliban convince children to become suicide bombers? Propaganda footage from a training camp is intercut with her interviews of young camp graduates. A shocking vision.
Bhasad Singh Mundi
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RAW agent??
Marwat Khan Lodhi
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Psycho Pakistani
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Marwat khan lodhi , I want to solve riddle about you. Are you really "Smarty" of pashtunforums? , I asked you this question before too but you did not answer.
Kabira
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oye kamine ye kahan se propaganda le aya
one question, taliban are pashtuns and many army men is pashtun in front lines. Yet here you are playing ethnic card lol
imran_punjabi
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what the hell , this is very old propoganda picture and get loss from here
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