Journal of Law and Society

Author(s):Dr. Muhammad Asif Khan Raja Umar Altaf

Abstract :

The case of using children during armed conflict is not new to the international community. The international law dealing with the child rights is enough to cope with this issue. The realization of such rights guaranteed is though a contentious issue. In recent past the use of children as suicide bombers especially in Pakistan has raised a few eyebrows. Staunch efforts to stop the recruitment of children as soldiers and rehabilitation of affected children are needed. This article examines the work done in African states to cope with this problem; and then analyze the situation in Pakistan, especially the North Western Pakistan. The reasons behind the recruitment of children by militants are examined; to eradicate the problem from its roots the reasons for the child recruitment shall be addressed. The article brings forward some major causes of child recruitment and identifies some collective efforts that shall be helpful to curb this problem.

Author(s):Sabila Daraz Khan Sami Ur Rahman

Abstract :

Despite the existence of the International Conventions of 1954 and 1961 on Statelessness there remains a serious concern regarding their implementation and acceptance by states as per International Law. This causes stateless persons to remain unregulated and unrecognized by law in many jurisdictions. According to the UNHCR, it has been estimated that there are about 10 million stateless people in the world at present. Therefore, there is a need to adopt the provision of the 1954 and 1961 conventions to ensure the protection and recognition of stateless persons across borders. Nationality and statelessness are closely connected. The obligation to stop statelessness has been portrayed as a negative right emerging from the right or privilege of nationality. Grey areas in nationality laws or their inadequate or unfair application, for instance, can prompt statelessness. Statelessness is the reality of having no nationality perceived by any state under the applicability of its laws. The 1961Convention is devoted altogether to the reduction of statelessness. The acknowledgement of the recommendations for avoiding statelessness has risen as a general guideline of International Law (which of course is not enough to curb the miserable conditions of stateless persons). States who are not a party to the convention but that do deal with stateless children is an example of a universal state practice that reflects the principles of the 1961 Statelessness Convention. These patterns show tha

Author(s):Syed Hasnain Haider

Abstract :

It is simple to understand that, not all the cases filed are frivolous, in the same way, not all the cases decided against a party can lead to a conclusion that, such party had mala-fide intentions. But, if it is to be adjudged that, a case was a ‘frivolous case’ then, there is need to consider certain factors which determine the same. Furthermore, if it is adjudged that, a case was actually frivolous then, how to measure the quantum of damages or penalties to remedy the aggrieved party? This article tends to highlight as to what sort of cases can be defined as frivolous and how it can be measured to adjudge frivolity of a case for the purpose of compensation to the aggrieved party in terms of cost of litigation, cost of adjournments, penalty on counsel and other remedial actions, keeping in view the afflux, nature of litigation in Pakistan with reference to lengthy procedure of litigation in the country and the laws applicable thereupon. Inter-disciplinary research methodology has been deployed to examine the interplay of law and its practice in Pakistani courts. Law in Courts research method has been used to identify a frivolous case at an early stage.

Author(s):Asif Khan , Muhammad Abid Hussain Shah Jillani , Maseehullah

Abstract :

Robots are no longer fictional as they used to be years ago. Technological advancements and developments in artificial intelligence (AI) development have allowed innovation of robots that carry out diverse functions. Among these are robot innovations aimed at replacing soldiers in battle fields. These robots have been argued to be more ethical and clinical than human soldiers by some scholars. Others have argued that the increasing level of autonomy in these robots leading to innovation of fully autonomous weapons should be banned. They argue that the ability of these weapons to differentiate between civilians and combatants and thus may cause unnecessary death of civilians. This paper discusses how difficult it is for the law of war (international humanitarian law ) to be applied by the algorithm by discussing how killer robots (also known as autonomous weapons system) cannot comply to the basic law of war principles like distinction, proportionality and precaution. These principles call for unquantifiable decisions which need human-like characters which killer robots do not possess. The paper also argues how humanitarian law accepts responsibility for a human agency, making it difficult to determine responsibility in cases involving killer robots. Qualitative research methodology has been applied to the following article.

Author(s):Prof. Dr. Ijaz Khan , Dr. Muhammad Israr , Dr. Zafar Khan

Abstract :

Institutional crises and cultural distortion set a fertile ground for radical ideologies. This article investigated radical impact of cultural distortion, abrupt changes in a local culture and bad governance on the local inhabitants of the newly merged districts of Khyber Pakhtunkhuwa. The qualitative paradigms were used to explore the cultural factors behind radicalization. Various socio-political factors distorted Pakhtun culture inside Pak-Afghan border from the last four decades. However, the current wave of terrorism has further distorted culture of Pakhtun which provide spaces to radical forces. The existing traditional institutional structure has been badly affected which created governance issues in the newly merged district of Khyber Pakhtunkhuwa. This institutional chaos and distortion of the local social institutions have created vacuum which mostly filled by radical forces in the newly merged districts of Khyber Pakhtunkhuwa. This paper argues that preservation of local Pakhtun culture and strengthening their social institutions will not only help squeeze spaces for radical forces to nourish in Pakistan but will also expedite the process of their integration in the country.