Foreign Policy Blogs

Bangladesh Government to Investigate War Crimes During 1971 Independence War

I’d written earlier that the government of Bangladesh is doing a commendable job on the big, ‘macro’ issues.  To that list of issues, I’d add the prosecution of the so-called war-criminals, who murdered and rampaged along the city and country-side, most prominently on this day, March 25, in 1971.  That night has been consecrated in the Bangladeshi collective commemorative history as The Black Night.

The Daily Star reports on this move:

In a packed conference room of the home ministry at 4:00pm, Law Minister Shafique Ahmed declared formation of a three-member tribunal, seven-member investigation agency and a 12-member prosecution team to hold the trial under the country’s own law, International Crimes (Tribunals) Act 1973.”

“Trial of war criminals has long been a demand of the nation and the Awami League promised in its election manifesto to meet that demand.”

“The investigating agency may kick off investigation from now and even arrest accused war criminals and confiscate their properties in the interest of investigation upon the tribunal’s permission. The trial will begin on completion of the investigation, said Shafique.”

“If any specific evidence is found that a person committed the offence, the trial and investigation will continue simultaneously, he added’

“The investigation agency will probe offences mentioned in section 3 of the Act: crimes against humanity, crimes against peace, genocide, violation of any humanitarian rules during armed conflicts as laid down in the Geneva Convention of 1949, any other crimes under international laws, attempt, abetment or conspiracy to commit any such crimes and complicity in or failure to prevent commission of any such crime.”

The individuals suspected of these crimes will be considered individually responsible, Minister Ahmed claimed.  But, you might ask: what is the scope of this investigation?  The Daily Star reports that Mr. Ahmed had a resolute answer to any such query.

He said the investigation would be conducted at home and abroad. It might take time to complete the task as the agency officials would have to collect a lot of documents from various corners of the country and other nations to probe the crimes committed during the Liberation War.”

To many this investigation has been long-overdue.  Indeed, Prime Minister Sheikh Hasina campaigned on the platform that if returned to power she would finally close this chapter of unfinished and still-disputed history and bring to justice those who are found and remembered to have been culpable.  (It is a wonder how these cases will be investigated in point of fact–there’s little paper and forensic evidence for much of what transpired that night and memory is, at best, a weak, unreliable witness.)   

The government will request the aid and assistance of various governments that were then party to the incidents in question.  India and the United States are sure to offer help in investigating the cases at large. Pakistan can be relied on to remain skeptical about this investigation, since it is quite likely that a number of Pakistan’s military heroes will be implicated in the horror of the Black Night.

 

Author

Faheem Haider

Faheem Haider is a political analyst, writer and artist. He holds advanced research degrees in political economy, political theory and the political economy of development from the London School of Economics and Political Science and New York University. He also studied political psychology at Columbia University. During long stints away from his beloved Washington Square Park, he studied peace and conflict resolution and French history and European politics at the American University in Washington DC and the University of Paris, respectively.

Faheem has research expertise in democratic theory and the political economy of democracy in South Asia. In whatever time he has to spare, Faheem paints, writes, and edits his own blog on the photographic image and its relationship to the political narrative of fascist, liberal and progressivist art.

That work and associated writing can be found at the following link: http://blackandwhiteandthings.wordpress.com