Emory International Law Review


Samantha Croffie discusses the lingering impact of Islamic law on the prosecution of rape crimes in Pakistan. The Comment begins by detailing the development of Pakistani rape laws beginning with the Hudood Ordinances and ending with the passage of the Protection of Women Act in 2006. The Comment critiques the Protection of Women Act, noting the lack of convictions and the existence of multiple court systems, all of which are recognized under the Pakistani constitution. Possible international human rights violations associated with the country's failure to provide redress to rape victims are also addressed. The Comment discusses venues outside of Pakistan through which victims could seek relief, including a transitional justice system or a domestic court system. The Comment concludes by evaluating the potential for success of the differing avenues and the likelihood that Pakistani rape victims being afforded redress in any circumstance.