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Train Hijacking in Balochistan, Pakistan

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 19-Mar-2025

Source: Indian Express  

Introduction 

On 11th March 2025 hijacking of the Jaffar Express train in Balochistan, Pakistan by the Balochistan Liberation Army (BLA). The incident represents a significant escalation in the ongoing separatist insurgency in Pakistan's largest province. This document analyzes the historical context of the Baloch conflict, provides a detailed account of the current hostage situation, examines the legal frameworks applicable to hijacking offences, reviews precedent cases from global history, and assesses the implications for regional security and international relations. The analysis contained herein is intended to provide a comprehensive legal perspective on this developing crisis, drawing upon domestic Pakistani law, international conventions, and established jurisprudence regarding terrorist activities and hostage-taking scenarios. 

What was the Background Jaffar Express Hijacking in Balochistan (March 2025)? 

  • The 11th March 2025 hijacking of the Jaffar Express by the Balochistan Liberation Army (BLA) represents a significant escalation in Pakistan's longest-running separatist conflict. Balochistan's dispute with Pakistan dates to 1948 when the region was incorporated under disputed circumstances.  
  • The province, despite possessing 36% of Pakistan's natural gas reserves and significant mineral wealth, remains Pakistan's poorest region with poverty exceeding 40%. 
  • The current conflict represents the fifth major insurgency since Pakistan's formation. Baloch separatists' grievances include alleged resource exploitation, demographic engineering through non-Baloch settlement, and human rights violations including approximately 5,000 documented cases of "missing persons" since 2000. Pakistan has alleged foreign interference, particularly from India, in supporting Baloch militants. 

The Jaffar Express Incident 

  • On 11th March 2025, at approximately 14:30 local time, BLA militants executed a coordinated attack on the Jaffar Express passenger train as it passed through Tunnel No. 8 between Pehro Kunri and Gadalar in Kachhi district. The operation involved: 
    • Detonating explosives on tracks to stop the train. 
    • Simultaneously boarding from multiple entry points. 
    • Immediately disabling communication systems. 
  • The train carried approximately 512 passengers and 18 crew members, including at least 46 women and 38 children.  
  • The BLA claimed to have killed 20 military personnel traveling in civilian clothes and shot down a surveillance drone.  
  • They reported holding 182 hostages, including 23 active-duty military personnel, 7 ISI officers, and 5 Anti-Terrorism Force members. 
  • The BLA demands include: 
    • Release of 46 named Baloch political prisoners. 
    • Military withdrawal from three specific districts. 
    • Cessation of all China-Pakistan Economic Corridor projects in Balochistan. 
    • International mediation for Balochistan's political status. 
  • Pakistan's military response began with the 12th Infantry Division establishing a security cordon by 18:45, followed by failed negotiations. A phased rescue operation commenced at 03:30 on March 12. As of 11:00 on 12th March, military officials reported killing 16 militants and rescuing 104 hostages, with operations ongoing. 

What is Hijacking? 

About 

  • Hijacking refers to the unlawful seizure or forceful taking of control of a vehicle (such as an aircraft, train, bus, or ship) through the use of violence, threats, or intimidation. It typically involves holding passengers and crew hostage while making demands to authorities. 
  • This criminal act is generally classified as a form of terrorism when politically motivated, carrying severe penalties including life imprisonment or capital punishment in many jurisdictions worldwide. 

Elements of the Hijacking Offence 

  • Actus Reus: Unlawful seizure or control of a vehicle 
  • Mens Rea: Specific intent to unlawfully seize control 
  • Absence of Legal Authority: Acting without legitimate justification 
  • Endangerment: Creating substantial risk to human life 
  • Jurisdictional Nexus: Occurring within prosecuting authority's jurisdiction 

What was the Legal Frameworks? 

International Instruments 

  • International Convention Against the Taking of Hostages (1979, ratified by Pakistan in 2002) 
  • International Convention for the Suppression of Terrorist Bombings (1997, acceded by Pakistan in 2002) 
  • International Convention for the Suppression of the Financing of Terrorism (1999, ratified by Pakistan in 2009) 
  • UN Security Council Resolution 1373 (2001) 
  • Shanghai Cooperation Organization Convention on Combating Terrorism, Separatism and Extremism (2001) 

Pakistani Legislation 

  • Anti-Terrorism Act (1997, amended through 2023): Sections 6 and 7 define terrorism broadly, with Section 7(g) covering hostage-taking and 7(h) addressing transportation system attacks 
  • Pakistan Penal Code (1860, amended): Section 402 specifically addresses train hijacking 
  • Railways Act (1890, amended): Sections 127-129 address endangering railway safety 
  • Prevention of Electronic Crimes Act (2016): Section 10 criminalizes cyber terrorism 
  • Investigation for Fair Trial Act (2013): Provides framework for terrorism investigations 

What Legal Precedents Have Been Established by Train, Aircraft, and Maritime Hijackings? 

Train Hijackings 

  • Nijmegen Hijacking, Netherlands (1977): South Moluccan separatists held 50 hostages for 20 days, establishing precedents for proportionality in hostage rescue operations 
  • Czechoslovakia Train Hijacking (1970): Established Cold War-era precedents in politically motivated hijackings 
  • Awami Express Hijacking, Pakistan (2015): Established Pakistani jurisprudence regarding targeted killings during transport disruptions 

Aircraft and Maritime Hijackings 

  • 11th September 2001 Attacks (USA): Nineteen terrorists associated with al-Qaeda hijacked four commercial aircraft, deliberately crashing two into the World Trade Center towers, one into the Pentagon, and a fourth (intended for the U.S. Capitol) into a field in Pennsylvania after passenger resistance. The attacks killed 2,996 people and fundamentally transformed global security protocols. Legal consequences included:  
    • Passage of the Aviation and Transportation Security Act (2001) 
    • Creation of the Transportation Security Administration 
    • Enhanced international cooperation through ICAO frameworks 
    • Revision of the Tokyo, Hague, and Montreal Conventions 
    • Development of new international norms regarding preventive use of force against terrorist threats 
  • Dawson's Field Hijackings (1970): The Popular Front for the Liberation of Palestine (PFLP) hijacked four aircraft bound for New York and diverted them to Dawson's Field in Jordan. After negotiating the release of hostages, the militants destroyed all aircraft. This incident led to:  
    • The "Black September" conflict between Palestinian militants and Jordanian forces 
    • Adoption of the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971) 
    • Implementation of the first systematic passenger screening protocols at international airports 
  • Air France Flight 8969 (1994): Armed members of the Armed Islamic Group (GIA) hijacked an Air France Airbus A300 in Algiers with the apparent intent to crash it into the Eiffel Tower. French GIGN special forces stormed the aircraft in Marseille, killing all four hijackers. The incident prompted:  
    • Development of the GIGN's specific aircraft assault protocols, later adopted by counter-terrorism units worldwide 
    • Recognition in international law of the "imminent threat" doctrine justifying tactical intervention 
    • Judicial precedents in French courts regarding extraterritorial jurisdiction in terrorism cases 

Maritime Hijackings 

  • MV Maersk Alabama (2009): Somali pirates hijacked this American container ship, leading to a hostage crisis resolved by U.S. Navy SEAL snipers who killed three pirates and captured another, who was subsequently prosecuted in U.S. federal court. The case established: 
    • Modern application of universal jurisdiction principles to piracy 
    • Legal parameters for military intervention in commercial vessel hijackings 
    • U.S. v. Abduwali Abdukhadir Muse set important precedent for prosecution of foreign nationals for extraterritorial crimes against U.S. vessels 
  • Achille Lauro (1985): Palestinian militants from the Palestine Liberation Front hijacked this Italian cruise ship, killing one wheelchair-bound American passenger, Leon Klinghoffer. The incident led to: 
    • Adoption of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988) 
    • Development of the "passive personality" principle in terrorism jurisdiction 
    • Landmark cases regarding state responsibility for terrorism (U.S. v. Palestinian Liberation Organization) 

Conclusion  

The 11th March 2025, Jaffar Express hijacking marks a critical escalation in Pakistan’s conflict with Baloch separatists. It tests Pakistan’s counterterrorism strategy, legal framework, and judicial capacity while drawing international scrutiny. A balanced response addressing security and governance issues is crucial to prevent further conflict escalation.