A RECENTLY surfaced gruesome video showing execution of around 16 police and levies personnel by the militants is apparently related to the last month’s attack by the militants in Shaltalu area of Barawal Banda, a remote part of Khyber Pakhtunkhwa near the Afghan border in Upper Dir District. Local people say that the footage has been released by the militants, who fled different parts of Malakand Division including Swat and tribal areas during the military operations and are now having sanctuaries in Afghanistan.

The footage is an evidence of how these militants have been violating the law of land as well as international conventions related to armed conflicts. From time-to-time the militants, claiming to be part of the Tehrik-i-Taliban Pakistan (TTP), continue to release different video footages mostly aimed at terrorising the public at large.

Some of the videos, which surfaced in tribal areas, pertained to the killing of alleged US spies. Few of the footages show beheadings of local persons who were suspected of begin involved in intelligence gathering for the US as well as intelligence agencies.

Several videos had in past surfaced in Swat Valley, where the militants were calling the shots till May 2009 after which a decisive military operation was launched. One such footage was related to a spiritual leader of Matta Tehsil, Pir Samiullah, who was an opponent of the militants. His body was exhumed in late 2008 and was hanged at a public place. Other such horrible footages continued to surface from the scenic valley, which was once known for tourism before the militants gained influence there.

The latest video shows around 16 bound personnel of levies and police lined up in a row. A militant leader delivers a short speech wherein he states that these were the enemies of the Allah’s religion. He also referred to last year’s killing of six youngsters allegedly by personnel of security forces and said that they would now avenge their death in the same manner.

His speech was followed by indiscriminate firing on the personnel. Some of them were seen groaning of pain. One of the militants then targeted the victims individually by firing at them making it sure that none of them was alive.

On the face of it, these militants have no regard for the country’s as well as the international laws. Article 9 of the Constitution of Pakistan guarantees that no person shall be deprived of life or liberty save in accordance with law. Similarly, killing of the said personnel of police and levies is a crime under the Pakistan Penal Code and the Anti-Terrorism Act.

Legal circles believe that the crimes committed by these militants are of international level and in conflict with Geneva Conventions of 1949. Article 3 common to the Four Geneva Conventions of 1949 provides that armed conflict not of an international character each party to the conflict should be bound to follow certain restrictions. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those disabled by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely.

Various acts are and shall remain prohibited at any time with respect to the said persons, including: violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; outrages upon personal dignity, in particular humiliating and degrading treatment; the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilised peoples.

Legal experts said that the Protocol No.II Additional to the Geneva Conventions of 1949, relating to a non-international armed conflict, places various restrictions on the warring groups including the security personnel.

The said protocol provides certain fundamental guarantees which have to be followed during an internal conflict. Article 4 (1) of the protocol makes it binding that all persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction.

Furthermore, against the said persons certain acts are prohibited including: violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment.

The video footage of the killing of six persons, which was mentioned by the militant leader in his speech, had surfaced in Sept 2010. Chief of Army Staff General Ashfaq Pervez Kiyani had ordered an inquiry about the said video but so far nothing has been made public about the outcome. Several other videos had also surfaced showing several army personnel torturing suspected militants.On several occasions allegations surfaced against the security forces regarding violation of human rights in the conflict-hit areas. It appears that for the atrocities and brutalities committed by the militants in different areas the security forces have decided to pay them back in the same coin.