Pakistan Deputy PM cum Foreign Minister Ishaq Dar visited Dhaka over the last weekend to mend ties but neither he delivered an apology for 1971 nor he sought to touch upon the issue of excesses of Pak Army during the war of independence for Bangladesh. Dar in fact tried to brush aside the most controversial issue in Bangladesh-Pakistan ties without which ties probably will never improve.
The issue was explained in details few years back by a noted Bangladeshi lawyer.
The brutal killings of 3,000,000 unarmed and innocent civilians during the 1971 liberation war by the Pakistani army and their local collaborators in Bangladesh with the intention of exterminating the Bengalis as well as the religious minorities, specifically the Hindus, falls within the ambit of crimes of genocide under the Genocide Convention of 1949, according to noted Bangladesh Supreme Court advocate and activist Farzana Mahmood.
“With the aim to change the race of the Bengalis, rape was carried out in a systematic way against 200,000 women of Bangladesh by the Pakistani army. The widespread atrocities, degrading, and inhuman treatment and rape committed by the Pakistani forces can be identified as crimes against humanity. Though the Hamoodur Rahman Commission Report of Pakistan concealed data about the immensity of the atrocities, it admitted that approximately 26,000 innocent Bengalis had been killed by the Pakistani army,” wrote Mahmood in an article titled “Do We Have Right to Seek Justice and Heal Our Buried Wounds?” Published by Bangladesh English daily The Daily Sun.
The article was published in 2021 coinciding with March 25 genocide day and 50 years of Bangladesh independence.
“After the victory of Bangladesh when the Pakistani army surrendered nearly 93,000 Pakistani civilians and army officers were taken to Indian custody as Prisoners of War (POWs) while more than 120,000 Bengalis were trapped in West Pakistan. The United Nations Security Council passed a resolution on December 21, 1971 asking the countries involved in the War to observe the Geneva Convention and not to attach any conditions to the repatriation of the POWs. Immediate after returning to Bangladesh from the Pakistani jail, the Father of the Nation Bangabandhu Sheikh Mujibur Rahman initiated the formal process of a war crimes trial. While Bangabandhu led Awami League government had identified 195 Pakistan army personnel as Pakistani POWs for trial, the Pakistan government seized 203 Bengalis in Pakistan as hostage. In April 1973, Pakistan issued a statement saying “Pakistani government rejects the right of the authorities in Dhaka to try any among the prisoners of war on criminal charges because the alleged criminal acts were committed in a part of Pakistan by citizens of Pakistan. But Pakistan expresses its readiness to constitute a judicial tribunal of such character and composition as will inspire international confidence to try the persons charged with offences,” recalled Mahmood.
The Hamoodur Rahman Commission report recommended taking effective action to punish those POWs in Pakistan who were responsible for committing the alleged atrocities in East Pakistan. While Zulfiqar Ali Bhutto announced that if Bangladesh carries out the trial, Pakistan would also hold similar tribunals against the Bangladeshi army officers who were serving in West Pakistan, according to Mahmood.
The Simla Agreement signed between India and Pakistan in July 1972 allowed the simultaneous release of most of the Bengalis and Pakistanis held in Pakistan and India respectively. Pakistan and India agreed that the issue of 195 Pakistani POWs would be settled between Bangladesh and Pakistan. Eventually, Bangladesh accepted Pakistan's proposal to withdraw the demand for trying the Pakistani POWs in Dhaka - fearing for the life of the Bengalis trapped in Pakistan, regional peace and to gain the much-needed international recognition and access to the United Nations. The listed POWs were repatriated to Pakistan after an Agreement was signed between India-Pakistan-Bangladesh in Delhi, in April 1974. The 195 Pakistani POWs though repatriated were not freed from criminal charges. Also, Bangladesh expected that Pakistan would hold the trials of the Pakistani POWs as promised by the Pakistan government, but this never happened, according to Mahmood’s article.
“The customary international laws also provide ample opportunity for Bangladesh to try the Pakistani POWs. The Hague Convention 1907, Genocide Convention 1948, Geneva Conventions 1949 and their protocols 1977, defines genocide, war crimes and crimes against humanity and makes them punishable offence. Article 4 of the Genocide Convention 1948 articulates that persons committing genocide shall be punished whether they are constitutionally recognisable rulers, public officials or individuals. The report of United Nations High Commissioner for Human Rights, 2009 titled “International Law and United Nations Policy on Amnesty” clearly stipulated that under various sources of international law and United Nations international policy, amnesties are not permissible if they prevent the prosecution of individuals who may be criminally responsible for war crimes and genocide,” Mahmood had written, adding, “Under the Geneva Convention, state parties have the right to try and punish the war criminals for genocide and crime against humanity and amnesties that prevent the prosecution of such offences are inconsistent with the state's obligations. Countries which have signed and ratified the Geneva Convention and the Protocols are obliged to find out war criminals and try them. As per customary international laws, atrocities or acts of criminal violence amount to the breach of a peremptory norm of international laws. Article 53 and 64 of the Vienna Convention on the Law of Treaties, 1969 stipulate that treaties in conflict with the peremptory norms of international law (either existing or emerging) are void and terminated. Article 71 of the Vienna Convention on the Law of Treaties releases the parties to a treaty void under Articles 53 and 64 from any obligation to perform the treaty.”
“ The gravity and extent of the war crimes committed by the Pakistani army in 1971 against innocent people left a deep scar in the hearts and psyche of the millions of Bengalis. The pain that my mother has been bearing since 1971 after the brutal killing of my grandfather by the Pakistani army is an example among thousands of such wounded hearts. Through the trials of the notorious local war criminals, the buried wounds of millions of hearts have healed to a great extent. But the impunity of the Pakistani POWs and the unapologetic behaviour of the Pakistani authorities remind us that until the last offender of 1971 war crimes is tried and punished the wounds and trauma of the Bengalis would remain open for further damage. The buried wounds of the victims of war crimes and their families can be healed with pride if we can secure justice for the 1971 genocide and war crimes,” according to the article.
“…Ensuring trial, compensation and apology for the heinous war crimes committed by the Pakistani forces would secure our pride and self-esteem,” wrote Mahmood in that article.
The issue was explained in details few years back by a noted Bangladeshi lawyer.
The brutal killings of 3,000,000 unarmed and innocent civilians during the 1971 liberation war by the Pakistani army and their local collaborators in Bangladesh with the intention of exterminating the Bengalis as well as the religious minorities, specifically the Hindus, falls within the ambit of crimes of genocide under the Genocide Convention of 1949, according to noted Bangladesh Supreme Court advocate and activist Farzana Mahmood.
“With the aim to change the race of the Bengalis, rape was carried out in a systematic way against 200,000 women of Bangladesh by the Pakistani army. The widespread atrocities, degrading, and inhuman treatment and rape committed by the Pakistani forces can be identified as crimes against humanity. Though the Hamoodur Rahman Commission Report of Pakistan concealed data about the immensity of the atrocities, it admitted that approximately 26,000 innocent Bengalis had been killed by the Pakistani army,” wrote Mahmood in an article titled “Do We Have Right to Seek Justice and Heal Our Buried Wounds?” Published by Bangladesh English daily The Daily Sun.
The article was published in 2021 coinciding with March 25 genocide day and 50 years of Bangladesh independence.
“After the victory of Bangladesh when the Pakistani army surrendered nearly 93,000 Pakistani civilians and army officers were taken to Indian custody as Prisoners of War (POWs) while more than 120,000 Bengalis were trapped in West Pakistan. The United Nations Security Council passed a resolution on December 21, 1971 asking the countries involved in the War to observe the Geneva Convention and not to attach any conditions to the repatriation of the POWs. Immediate after returning to Bangladesh from the Pakistani jail, the Father of the Nation Bangabandhu Sheikh Mujibur Rahman initiated the formal process of a war crimes trial. While Bangabandhu led Awami League government had identified 195 Pakistan army personnel as Pakistani POWs for trial, the Pakistan government seized 203 Bengalis in Pakistan as hostage. In April 1973, Pakistan issued a statement saying “Pakistani government rejects the right of the authorities in Dhaka to try any among the prisoners of war on criminal charges because the alleged criminal acts were committed in a part of Pakistan by citizens of Pakistan. But Pakistan expresses its readiness to constitute a judicial tribunal of such character and composition as will inspire international confidence to try the persons charged with offences,” recalled Mahmood.
The Hamoodur Rahman Commission report recommended taking effective action to punish those POWs in Pakistan who were responsible for committing the alleged atrocities in East Pakistan. While Zulfiqar Ali Bhutto announced that if Bangladesh carries out the trial, Pakistan would also hold similar tribunals against the Bangladeshi army officers who were serving in West Pakistan, according to Mahmood.
The Simla Agreement signed between India and Pakistan in July 1972 allowed the simultaneous release of most of the Bengalis and Pakistanis held in Pakistan and India respectively. Pakistan and India agreed that the issue of 195 Pakistani POWs would be settled between Bangladesh and Pakistan. Eventually, Bangladesh accepted Pakistan's proposal to withdraw the demand for trying the Pakistani POWs in Dhaka - fearing for the life of the Bengalis trapped in Pakistan, regional peace and to gain the much-needed international recognition and access to the United Nations. The listed POWs were repatriated to Pakistan after an Agreement was signed between India-Pakistan-Bangladesh in Delhi, in April 1974. The 195 Pakistani POWs though repatriated were not freed from criminal charges. Also, Bangladesh expected that Pakistan would hold the trials of the Pakistani POWs as promised by the Pakistan government, but this never happened, according to Mahmood’s article.
“The customary international laws also provide ample opportunity for Bangladesh to try the Pakistani POWs. The Hague Convention 1907, Genocide Convention 1948, Geneva Conventions 1949 and their protocols 1977, defines genocide, war crimes and crimes against humanity and makes them punishable offence. Article 4 of the Genocide Convention 1948 articulates that persons committing genocide shall be punished whether they are constitutionally recognisable rulers, public officials or individuals. The report of United Nations High Commissioner for Human Rights, 2009 titled “International Law and United Nations Policy on Amnesty” clearly stipulated that under various sources of international law and United Nations international policy, amnesties are not permissible if they prevent the prosecution of individuals who may be criminally responsible for war crimes and genocide,” Mahmood had written, adding, “Under the Geneva Convention, state parties have the right to try and punish the war criminals for genocide and crime against humanity and amnesties that prevent the prosecution of such offences are inconsistent with the state's obligations. Countries which have signed and ratified the Geneva Convention and the Protocols are obliged to find out war criminals and try them. As per customary international laws, atrocities or acts of criminal violence amount to the breach of a peremptory norm of international laws. Article 53 and 64 of the Vienna Convention on the Law of Treaties, 1969 stipulate that treaties in conflict with the peremptory norms of international law (either existing or emerging) are void and terminated. Article 71 of the Vienna Convention on the Law of Treaties releases the parties to a treaty void under Articles 53 and 64 from any obligation to perform the treaty.”
“ The gravity and extent of the war crimes committed by the Pakistani army in 1971 against innocent people left a deep scar in the hearts and psyche of the millions of Bengalis. The pain that my mother has been bearing since 1971 after the brutal killing of my grandfather by the Pakistani army is an example among thousands of such wounded hearts. Through the trials of the notorious local war criminals, the buried wounds of millions of hearts have healed to a great extent. But the impunity of the Pakistani POWs and the unapologetic behaviour of the Pakistani authorities remind us that until the last offender of 1971 war crimes is tried and punished the wounds and trauma of the Bengalis would remain open for further damage. The buried wounds of the victims of war crimes and their families can be healed with pride if we can secure justice for the 1971 genocide and war crimes,” according to the article.
“…Ensuring trial, compensation and apology for the heinous war crimes committed by the Pakistani forces would secure our pride and self-esteem,” wrote Mahmood in that article.
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