A Timeline of Pakistan’s Lawfare Challenges

Pakistan has struggled a lot with lawfare challenges over the years including both national and international lawfare challenges. Lawfare is not a very old term, it was introduced in 2001 but the concept it holds is as earlier as the formation of the state. We get to see a series of events in the last

Pakistan has struggled a lot with lawfare challenges over the years including both national and international lawfare challenges. Lawfare is not a very old term, it was introduced in 2001 but the concept it holds is as earlier as the formation of the state. We get to see a series of events in the last ten decades of Pakistan that have played as the lawfare challenges for Pakistan. These events have shaken the roots of Pakistan’s national security as a whole and at times have played a significant role in setting trends for the rest of the world.

1999

The Islamic Republic of Pakistan submitted an application on September 21st, 1999, to start legal action against the Republic of India over the destruction of a Pakistani aircraft on August 10, 1999. The court held that it had no jurisdiction to adjudicate upon the dispute brought before it by Pakistan against India but the court lacking the jurisdiction does not relieve both of the states to peacefully settle their disputes.

2012

Tethyan Copper Company sought international arbitration through the World Bank’s ICSID in 2012 after the Balochistan government denied the company’s request for leasing. The legal battle went on for seven years. Following frantic efforts by the AGP office and the security establishment, Pakistan was able to avoid paying an $11 billion fine in March after striking an out-of-court settlement on the Reko Diq project in the Chagai province of Balochistan.

2013

Karkeya (a Turkish energy company) submitted an arbitration request in January 2013 alleging that the Bilateral Investment Treaty (BIT) between Pakistan and Turkey had been broken. Karkey presented a $1.5 billion claim. On August 22, 2017, an ICSID panel made a ruling in the Pakistan-Turkey BIT case. The panel had mandated Pakistan to abide by its international responsibilities at the provisional measures stage. In the end, the tribunal dismissed Pakistan’s suit against Karkey and gave him about USD 800 million (including $5.7 million each month in interest)

2014

The Republic of the Marshall Islands accused nine States including Pakistan of failing to uphold their commitments to nuclear disarmament and an early end to the nuclear arms race in applications filed against them on April 24, 2014. In each of the cases that were before the Court, the Court believed that neither side had provided sufficient evidence to establish a conflict between the two States. According to Article 36, paragraph 2 of its Statute, the Court lacked the authority to consider the merits of these cases, hence it was unable to do so.

2017

India submitted a request to start legal action against Pakistan over alleged violations of the Vienna Convention. The request was made in relation to the arrest and trial of Mr. Kulbhushan Sudhir Jadhav, an Indian national who had been given the death penalty by a military court in Pakistan. The Court concluded that it was impossible to support India’s arguments. To ensure that the impact of the violation of Mr. Jadhav’s rights as outlined in Article 36 of the Vienna Convention was fully considered, the Court also found that Pakistan was required to provide an effective review and reconsideration of Mr. Jadhav’s conviction and sentence.

2018

An international court of arbitration is currently hearing a legal dispute between Pakistan and the Al-Tuwairqi Group of Companies in Saudi Arabia. Saudi Arabia has claimed $ 500.00 million. The case is still pending.

2021

Malaysian authorities confiscated a PIA aircraft on January 15 after a court allowed an application by the plane’s lessor, Peregrine Aviation Charlie Limited, to keep it grounded until the outcome of a $14 million lease dispute with PIA in a United Kingdom court. After settlement between both the parties over the dispute involving two planes leased to PIA, The Kuala Lumpur High Court ordered the immediate release of the plane.

2022

USA accused NBP of facilitating the transfer of funds allegedly used to plot and carry out attacks on a US military base in Afghanistan. Pakistan won the terror-financing case against the National Bank of Pakistan (NBP) in a federal court in New York. This victory has also spared Pakistan of potential issues it could have faced in the FATF.