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Pakistan Can Court-Martial Raymond Davis

Posted by yourpakistan on March 4, 2011


Diplomatic immunity cannot be extended to highly criminal/terrorist cases; killing is not a small matter and hence no one can be exempt regardless of diplomatic status, or the lack of it. From the Pakistani perspective, immunity cannot be considered for those who kill Pakistanis without fear or remorse.

The question to ask is: Can a Pakistani diplomat kill two Americans on a street in New York City and expect to get away? Would he or she be given exemption and the murder is simply ignored?

There is no possibility someone would get away with this in mainland United States, or for that matter in any sovereign country.

Hence, next US ambassador Cameron Munter has the audacity to demand freedom for Raymond he should be told point blank to shut up and let the law take its course. John Kerry should also be told to pack up and let the law prevail without hindrance or interference.


A clear-cut case has been confused because of weak elements in the ranks that would do anything to appease the Americans. It’s only because of pressure from ordinary Pakistanis that agent Davis has not been let off the hook despite attempts by the government to appease the Obama administration.

What needs to be done going forward is as follows:

· The constitution of Pakistan has a clause that allows the Supreme Court to call on the Army for help because the army is a part of the executive branch and bound to obey the court’s order under Article 190 of the Constitution.

· The Supreme Court should declare Raymond’s case as highly sensitive and one that has immense national security implications, for which the armed forces must be involved.

· Once this is done the Supreme Court should direct that agent Davis be given under Army custody and tried under the Army act. It should be noted that the army act has the provision to court martial civilians who wage war against the State.

· This way the United States will get a clear message that Pakistani lives are as precious as American ones.
· In case Washington stops financial aid, Pakistan should simply close the NATO supply line. Within 30 days the US will be on the brink of a humiliating defeat and will return to us begging to open the route. The last time Pakistan did this for a few days and the US ambassador was running around Islamabad like a headless chicken pleading to open the supply line.

Mr. Mehmud is a researcher specialized in Pakistan’s national security issues, working out of Karachi, Pakistan. Reach him at



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