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Raymond Davis Saga and Bold Judgment

Dr. Muhammad Aslam Khan

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Raymond Davis has been acquitted by a lower court in Pakistan from the alleged charges of committing a felony in broad day light on a busy road in the provincial metropolis, Lahore. The shock decision has left the nation floundering in the deep sea of turmoil and anguish.

The frenzy of debate about pros and cons has touched a new crescendo but is destined to die off. The tragic murders of Faheem, Faizan and Ebad were also ominous that swept our foreign minister, Shah Mehmood Qureshi, off his portfolio for his reticence in not yielding to the official stance and later lobbing a leading statement that Raymond  did not enjoy diplomatic immunity. The statement was embarrassment for the U.S. as well as Pakistan. His post resignation discrete bitterness was palpable as he embarked on yet another imprudent phase of public discourse. Foreign policy is not a mob politics, a fact he utterly failed to reckon. The visiting U.S. emissaries paid him visits too to afford him a chance of rescuing his image and heal the dent caused to his vanity. However the damage had been done.

Within hours, we stood thoroughly polarized as a nation when government lost entire maneuver space for public diplomacy though it made several overtures that Raymond case was within the ambit of mutual diplomatic protocols. By implication, Pakistan pursued double track diplomacy. On one hand, it assured U.S. that the margin for return of the accused could be explored, even after allowing the law of the country to take its course. On the other hand, our Prime Minister led the campaign to dampen public angst, assuring that we would behave like a proud sovereign state and stand by the grieved families. It was a statement of several dimensions. Concept of sovereignty in globalized politics has under gone a tremendous adjustment but our masses were never educated about it at any stage.

The way Raymond gunned down the victims, was a clear illustration of his hubris. To top it all, U.S. Consulate rescue vehicle crushed Ebad to death in an attempt to reach beleaguered Raymond, adding fury to the fire. Public resentment further inflated to become a tsunami of hate, particularly after U.S. insisted upon release of the accused, flaunting his disputed diplomatic immunity card, when deceaseds’ blood had yet not dried up.

Pakistan government at provincial and federal levels took a marvelous stand at such a crucial juncture and let the legal formalities proceed by detaining Raymond in the jail who did not expect detention for a moment but had to face incarceration for several weeks. Yet under the barrage of media hype and threats from some intolerant segments of civil society, dispassionate opinion never surfaced that would have informed the masses that dispensation of ‘justice’ also needs conducive environments and restraining of emotions at least until the court’s verdict. Media failed to project a point that courts are not the bodies, which go by the public agitation to execute the accused summarily. Universal hallmark of the justice remains that a criminal be let off the hook for want of evidence once a while but never ever an innocent be dispatched to gallows.

On certain scores, we as a civilized nation have been out rightly the losers. The moment news flashed on the electronic media about acquittal of Raymond, reactionary sentiments swelled up to match Himalayan peak. In the wake of carefully orchestrated ‘threaten and scare’ campaign by some non-integral parties to the episode but with vested interests, no one was prepared to believe the impartiality of the judicial organ that goes by the norms of justice and not by the nefarious agenda or shenanigan. The fact is the victims’ dependents/heirs have accepted ‘diyat’ (compensation/blood money) while dropping murder prosecution and forgave him. Their act bears legitimacy from all angles and leaves no space whatsoever for protests from any quarter because the heirs availed their right the same way as they did while opting to lodge murder cases against Raymond. Unfortunately, in this land of pure, a draconian trend has sprung like a monster that any trigger happy person, disregard to his credentials has the authority to bring forth the charges and summarily execute the ‘sinner’ at his will. The silent majority is aghast and watches from the periphery. The other day, a woman who opted to seek her marriage dissolution from her husband was slaughtered within the courts premise in full public as well as police view because her husband thought that she was ‘wasting’ his/her time and he had expeditious ‘mode’ of justice to administer.

No one ever brought forth in the media the incidence of several deaths of the foreign dignitaries in alien lands including Pakistan when the norms of courtesy and diplomatic manners were never sacrificed. It was a harsher case in contrast but the way out has absolute backing of law. It would be ridiculous if one fumes from the den over government, Raymond, victims’ heirs or for that matter even over U.S. who secured his release after satisfying all legal and religious impediments. Not being content here, reportedly prosecution proceedings against Raymond have already commenced. In other words, U.S. has been truthful to its earlier pledge when it promised to conduct Raymond’s trial and sure, it is being done though after forgiveness by the victims’ heirs and payment of blood money, they have the margin to omit penalizing him. U.S. Ambassador in Pakistan, Cameron Munter did not celebrate Raymond’s acquittal but sought an opportunity to reach for soothing of the victims’ heirs’ ire instead. So did Senator John Kerry though none of them was obliged to do so at this stage.

Our sovereignty is too fragile and threatened even when a straw moves. Sovereignty is a term easy to use because it fills the mouth and sounds scholarly but scantly understood. Certainly, it endows tremendous status on a state but also encumbers it to measure up for several responsibilities to qualify for the ‘sovereign’ title. On the internal scene, persistent efforts to create a cobweb of intrigues and obfuscations certainly hindered the justice that our brilliant judiciary managed to obviate. A plethora of conspiracy theories, our visionary private TV channel anchors conceived while putting answers in others mouths through leading questions were deplorable. Media is obliged to expose the opposing opinions and views in tandem and helps intelligentsia to make the just choices. Unfortunately, it acted as a big stoker of public frenzy. An anchor also probed the myth of absence of Mian Nawaz Sharif, a prominent opposition leader and Mian Shahbaz Sharif, Punjab Chief Minister, on Raymond’s departure day to give it a mysterious twist. Perhaps at that very moment, Mian Nawaz Sharif was battling for his life under the surgeons’ care in London.

What forced the family to flee the country? Obviously, the incentives may have been U.S. visas, green cards and securing the huge trove of money, they received. However, extensive intimidation and incessant life-threatening bully by their so-called sympathizers have been the actual cause of their fleeing. The bereaved families’ dilemma was rubbished under the malignant cries of nationalism and false ego. No one made any effort to pry into the victim families’ miseries. They obviously exercised their religious as well as legal right to accept blood money but who would call it a justice when Damocles sword was hung on them not to patch up. It was sheer wrongful coercion. Only a handful of true sympathizers and the court rescued them from the dilemma. Talk of the town is that ISI; our supreme intelligence agency played its role. If that were valid, it did wonderful job. For the security fear and any possible backlash, the acquittal and whisking away Raymond and heirs of victims by a USAF plane was a very well synchronized event. Raymond has benefited in the process that he owes it to the magnanimity of the victims’ heirs. No one has any business to resent.

Good news is that we have seen yet another feather added to the pinnacle of our judiciary’s glory and there is glimmering hope of emancipation ahead. Bad news is that our print and electronic media are misusing freedom of speech card. The most powerful group among them, instead of cementing national harmony, tolerance and international consensus, works as an arrogant cartel to agitate the masses further and sponsors opinion blitz, which is dangerously schismatic.

Dr. Muhammad Aslam Khan is a retired Brig Gen from Pakistan Army, served 32 years. A veteran of ‘1971 Indo-Pak War’ has been instructor in officers’ Pakistan Military Academy, commanded Divisional as well as Corps Artillery. Holds first class Masters degree in International Relations and PhD degree, acquired in 2002-2007 from University of Peshawar, Pakistan. Authored a book, writes frequently in national and international media. Has attended several seminars and conferences within the country and abroad on invitation. Travelled to Switzerland (twice), UK, US, UAE, Kingdom of Saudi Arabia, Germany (twice). Cambodia and Thailand. Email: dr.makni49@yahoo.com

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South Asia

Abrogation of Article 370 and Pakistan’s Pathetic Response

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Pakistan, which is a party to Kashmir dispute could not make significant move after the Indian decision to scrap Article 370. The fragile economy, conventional military asymmetry and limited influence in international community restrict the options for Pakistan to take any strong stance against Indian illegal decision.

A month ago the government of BJP illegally dissolved the special status of Jammu and Kashmir through demolishing the Article 370. The article provides immunity to Jammu and Kashmir from Indian laws except foreign affairs, finance and communications. The decision is profoundly rejected by masses of Jammu and Kashmir and Pakistan. In the mean time the opposition parties in India also expressed strong dissatisfaction against decision and predicted severe repercussions for Indian state. The decision has also been challenged in the Indian Supreme Court and hearing has already been started. Yet, since the 5th August Kashmir is under siege, curfew has been imposed, communication network, medical and health facilities have been blocked. The international human rights organizations and defenders issued a genocide warning and warned India not to commit genocide.

In this critical situation which is developed by India, Pakistan took stance to stand by Kashmir. Pakistan highlighted the violent action which engulfed the rights and lives of Kashmiri people’s. Although Pakistan expressed strong resistance and proclaimed to use all the means to give Kashmiri’s their right, but there is a huge difference in words and deeds. On behest of Pakistan, China called UN Security Council meeting to discuss the issue and Chinese ambassador strongly condemned the Indian action and urged both parties to resolve the dispute through peaceful means. Yet it is important to point out that permanent members of UNSC refused to issue a post meeting joint   statement.

Here it is wise to highlight that the international politics is dominated by the self-interests of dominant powers and weak states have no say in the system. Pakistan could not compete with Indian power in international relations. After scrapping the article, India immediately sought foreign support and Prime Minister Narendra Modi went to different states. Modi visited France, Bahrain and UAE, while Prime Minister of Pakistan Imran Khan only made phone calls to seek support against Indian action. This clearly disclosed the inefficiency of Pakistan to counter the Indian narrative.

Indian economic and investment potential is another factor behind cool response of international powers. India is trading partner of many countries and most prominent among them are USA, UK, UAE, China, European Union and Australia. The US has invested 9 million in India during the 2016 and UK has signed the commercial deals of 9.3 million recently. Australia is benefitted from Indian students and its education export is 2 billion dollars. EU a group of 27 independent states is another major investor and trade partner of India with 2.5 % international shares.

In contemporary international politics, diaspora is a backbone of any nation and same is true for India. It is observed that Indians are residing almost every influential state. More than 3.5 million Indians are working in UAE. During the 2015, Indian share was 16% in expats residing in the US, and Saudi Arabia host 1.9 million Indians. Kuwait having 1 million Indian workers and Oman 777,632 Indians. Europe also host the 1.2 million Indians.

The bilateral trade of India with US, China, EU, Japan, and Australia is impressive. In 2019, bilateral trade of India-China crossed the 100 billion, which expects to grow further. The US is second largest trading partner of India in goods, and the single largest export destination of Indian exporters. The bilateral trade has been grew at 7.59% annually from 68.4 billion in 2008 to 142.1 billion in 2018.

The 8.8 million Pakistanis are residing in western states, 4.7 million are living in EU and 1.2 in U.K. But Pakistan failed to activate its diaspora to promote national interests of the state. The Pakistani leadership never paid serious attention to engage diaspora, which resulted in poor representation of Pakistan in international community. On the other hand, Indian diaspora is much influential and have strong say in policies of US and EU. Their skills and education help them to climb the ladder of success and influence. So, it is high time for Pakistan to devise an effective strategy to lobby the national interests and engage diaspora. The diaspora is considered the defense line as they bridge the gap between their parent and host state. 

Pakistan’s economic structure is fragile with rising debt and prices of commodities. The country is dependent on international monitory institutions to repay its debt which crossed over 100 billion dollars. It is on 150thposition in poverty index among 189 countries according to UN Human Development Indicators. The value of rupee is decreased to lowest level and government is losing its credibility. Pakistan is spending its 20% budget on Army which is higher than education, health and social development allocation. The fragile economy, poor coordination in policy making and influence of military in foreign policy making has reduced the role of other state institutions. Although, current civilian government claims that civilian and military leadership is on same page, but the poor and ill-coordinated response exposed the fault lines. The top hierarchy of civilian and political leadership did not bother itself to convey Pakistani position on Kashmir, except making statements.

If Pakistan really want to influence the international community, then it needs to fix its poor economy, to improve its human and social system, engage diaspora, make effective and inclusive foreign and security policy. The economic, political and military power can guarantee the national interests of the country. So Pakistan work tirelessly on all the fronts to achieve the status of major power.

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Pakistan’s peace-loving gestures are considered its weakness, unfortunately

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Pakistan is a peace-loving nation and a responsible state. The leadership, civil and military. Both are visionary and rational very much. Pakistan was the hub of western tourists in the 1950s, 1960s, and 1970s, due to its natural beauty, friendly and hospitable environment, and affordable living. Economic growth was one of the highest in this part of the world. But suffered a lot since the 1980s, due to the situation in Afghanistan. It was not our war, but unfortunately, we were pushed into this war. As a result, Pakistan offered 80,000 precious lives of Pakistani nationals, an economic loss of estimated up to 250 billion US dollars. In addition to it, extremism, terrorism, trafficking, smuggling, ethnicity, intolerance, gun, and drug culture, etc. were a gift. Due to the war-like situations during the last 4 decades, nations spared all resources, including human resources, financial resources etc on imposed war-front. As a result, industrial agriculture, infrastructure development, education, SW&T, R&D, Innovation, Commercialization, Health Sector, etc all walks of life suffered a lot and as result, today facing the worst economic crisis with over 100 billion foreign debt.

But, after having so many bitter lessons, the nation is even more mature and trained to survive under any circumstances. In fact, has emerged one of the most resilient nation. India staged the drama of “Pulwan” on 14 February this year, and without collecting evidence and investigation, just within hours, blamed Pakistan and threatened Pakistan. Pakistan offered to extend full cooperation in investigation and punish the responsible. But, India, according to pre-plan, attacked Pakistan on the 25th of February and dropped bombs in Balakot a city deep inside Pakistan. The leadership of Pakistan is very much sensible and rational and noticed that India is pushing Pakistan into full-scale war. The visionary leadership in Pakistan realized the consequences of war, especially when, both India and Pakistan, both are nuclear states, possessing enough piles of lethal weapons to destroy each other completely, and its impact on the region as well as global. Formulated a smart strategy to respond on the 27th of February, giving a message to India, that although Pakistan has capabilities and enjoys supremacy over India, it still sticks to “Love-For-Peace” and does not wish to opt for war, successfully averted to escalate to a full-fledged war. Even that, Pakistan released the captured pilot of Indian air force inside Pakistan territory, as a good-will gesture.

India revoked its own constitution on the 5th of August and imposed curfew in Kashmir. It is an act of war and violation of UN charter, Simla Agreement and all norms & practices of civilized world. Siege of Kashmir, complete black-out by suspending Internet, mobile phone services. Cutting all modes of communication, evacuating all foreigners and visitors from Kashmir. Keeping people under house arrest. Occupying forces are killing, arresting, detaining and raping on a mass scale and draconian laws imposed empowered the security forces to shot at a spot on suspicion only, with any judicial process. After 42 days of curfew, people are facing a severe shortage of food, fuel, electricity, medicines, and life is completely at a halt, stand-still status. It is the largest curfew in the known-history of human beings, as around 8 million people are under siege, and Kashmir has been turned into a big jail, people are treated as prisoners. India’s atrocities and brutalities have crossed all records of human rights violations.

UN, Human Rights Organizations, Mainstream Media, International organizations, NGOs, the whole International community have shown deep concerns on Indian atrocities. Protests, agitations, rallies, and demonstrations, all around the world as solidarity with the people of Kashmir have been witnessed. European Parliaments, UNSC, OIC, SCO, and all other international organizations are worried about the deteriorated situation of humanity in Kashmir.

Kashmir is a dispute between China, Pakistan, and India. India has illegally occupied a part of Kashmir known as Indian Occupied Kashmir. But people of Kashmir are spread all over three parts, i.e in Pakistan known as Azad or Free Kashmir and China. Kashmir is one nation and having blood relations in all three parts. They are charged at peak to enter into India Occupied Kashmir and help their brothers and sister in Indian Occupied Kashmir. They wanted to provide them food, medicines and basic necessities of life. The government of Pakistan is trying its best to stop them to march toward Indian Occupied Kashmir, as they are unarmed and simple villagers, they might have the high spirits to rescue the lives of their brothers and sisters in Indian Kashmir but might face firing by Indian Army. I am afraid, the public pressure is growing with passing each day and they might march toward Indian Occupied Kashmir, and Pakistani Security Forces may not be able to stop them, then they might come under the Indian forces firing range. It might complicate the situation. The government of Pakistan is committed to observing restrains and avert any war, with India, but if its civilians are killed, it may create an unexpected situation, difficult to predict the reaction.

On the other hand, Indian military deployment along the line of control and frequent violations of line of control, use of cluster bombs on civilian population inside Pakistan, and war-preparations are alarming. Indian Army Chief announced that The Indian Army is well prepared to Attack Pakistan and just waiting for a signal from its Government in Delhi.

Pakistan is trying its best to observe restrains and showing maximum tolerance and patience. But India considers Pakistan “Love-For-Peace” as its “weakness”, Unfortunate! Very Unfortunate!

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South Asia

Webinar: Kashmir Outside the Crosshairs- Does Anyone Care about Kashmir?

MD Staff

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Join Modern Diplomacy and our Executive Vice Chairman, Prof. Matthew Crosston, for a Live Intelligence briefing / Webinar, on Sunday September 29 at 18:30 (IST) to learn:

* Why does the US continue to ignore Kashmir but give loads of attention to every country around it?

* Is it necessarily a positive if the US DOES start paying attention to it? 

* What would be GOOD attention and what be BAD? Which one is the US likely to give?

* Can Kashmir ever be left alone to develop independently and not be a pawn of regional neighbors?

These and other controversial but critically important questions will be covered in an exciting intelligence briefing that will still allow for a dynamic, open discussion exchange with one the world’s most recognized, accomplished and sought after Intelligence experts, Dr. Prof. Matthew Crosston, Executive Vice Chairman of Modern Diplomacy.

Reserve your seat here

Dr. Matthew Crosston is Director over all Intelligence programs and Professor of Strategic Intelligence and Global Security in the School of Security and Global Studies at the American Military University. He is an acclaimed author and international speaker who consults with governments, media organizations, and academic institutions on a range of issues covering peace mediation, human rights conflicts, resource dilemmas, intelligence, change leadership, and education innovation. His works overall have been translated into Russian, Arabic, Chinese, Indonesian, Hebrew, Spanish, Turkish, Farsi, Greek, and Uzbek. He has a BA from Colgate University, MA from the University of London, PhD from Brown University, and completed his Post-Doctoral Fellowship at the University of Toronto.

Modern Diplomacy and Center for International Strategic Analyses

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