The facts about the air strike on 30 October that killed 83 teachers and students of Madrasa Zia ul Uloom are not in doubt. The President and Army Chief "“ General Pervez Musharraf - gave the details in front of TV cameras himself. He said: 1) he authorised the air assault, 2) the site was a militant camp, 3) it was, therefore, a legitimate target. The first point is not in doubt; it is he and he alone who could have authorised the air raid inside Pakistan territory whether from a US weapon platform or a Pakistani helicopter. However, the other two points are controversial. The pictures shown on TV of the "˜militant camp' were of boys engaged in morning PT (physical training) like in every other boy's school in the country. Even if this particular PT had a more sinister purpose or effect, it was still not a crime. Even if a crime was committed (for which no evidence has been shown on TV or provided by official spokesmen), was an air raid the right response or reaction? If it was not, the person who authorised the raid committed the crime of "˜murder' of 83 persons.

Pakistan's history is rich in precedents of Prime Ministers being punished severely for "˜unlawful orders'. Late Prime Minister Zulfikar Ali Bhutto was accused of having given an "˜unlawful order' to the head of Federal Police (FSF) to "˜eliminate' one of his political opponents. The target of the assassination attempt survived but his father got killed. The High Court of Pakistan convicted him of "˜murder' and Mr Bhutto was hanged along with three others in the chain of command to the person who actually pulled the trigger. That it was not a lawful command that the Police did not have to obey was not accepted as legitimate defence.

Prime Minister Nawaz Sharif did not follow "˜due process' to dismiss General Pervez Musharraf as COAS; the Defence Secretary refused to sign the dismissal order for that reason; the PM went ahead to appoint his replacement in front of TV cameras at the TV Station; ordered that the aircraft in which the dismissed COAS was returning from Sri Lanka be denied permission to land. His violation of "˜due process' and giving "˜unlawful commands' was deemed to be legitimate reason for the Prime Minister to be removed from office by the military, arrested,  put on trial, convicted and sentenced to five years RI.  

The air strike on the Madrasa that killed 83 persons, who were not posing an imminent threat to the lives of soldiers - American or Pakistani "“ who had not been warned, charged or tried for a crime - is "˜unlawful killing'. It constitutes a crime of "˜terrorism' as well as "˜murder'. Since the commander responsible for authorising this unlawful killing is known, he should be immediately arrested, charged for "˜murder' and brought to trial for it. That is the requirement of law. The Army acted with alacrity when faced with the same situation when Nawaz Sharif was running riot giving unlawful orders in October 1999. That the accused now is its own Chief makes it all the more important that he is arrested by the Army. As for paying compensation, it should be paid by the US at the same rate as the victims of "˜Lockerbie' bomb.  

Brigadier (R) Usman Khalid
Director London Institute of South Asia
www.lisauk.com