Determining Legal Regime for the War on Terror

Combating terrorism has always remained an issue of concern for the international community. Many legal questions relating to this issue require careful examination. Foremost among these is: whether or not the war on terror is an armed conflict? If yes, whether this conflict is of “international character”? How far is the international human rights law applicable to war? What is the scope of the applicability of the domestic law? The present paper analyzes these issues which are of primary importance in the Pakistani context because Pakistan is actively engaged in its own war on terror. The principles identified in this paper may prove helpful for the judiciary, the legal fraternity and the civil society for the purposes of putting restrictions on the unbridled powers of the state. A war that knows no legal principles and limitations can never be won.