An Open Access Article

Type: Research Article
Volume: 2022
DOI:
Keywords: accountability, autonomy, conflict, conflict resolution, crimes, crisis, genocide, humanitarian concerns, humanitarian intervention, humanity, human rights, international communities, international crimes tribunal, mediation, peace, peacebuilding, perpetrators, prosecution, rape, recognition, refugees, reparations, right to self-determination, rule of law, sovereignty, the UN, the UN Charter, transitional justice, truth commissions, victims, 1971 War.
Relevant IGOs:

Article History at IRPJ

Date Received: 2022-03-03
Date Revised:
Date Accepted: 2022-03-08
Date Published: 2022-03-25
Assigned ID:

BANGLADESH LIBERATION WAR OF 1971: DECISIVE ROLE OF INDIA IN MEDIATION AND CONFLICT RESOLUTION; AND TRANSITIONAL JUSTICE IN BANGLADESH

Madayil Sherina
P.O.Box 123887, Dubai, UAE
Email: advsherinasaji@gmail.com

Corresponding Author:

Pr Devender BHALL, HDR (Editor)

Email: bhalla@mail.euclid.int

ABSTRACT

Since the partition of India in 1947, the East Pakistanis felt the forces in West Pakistan were destabilizing their values. The economic, political, social, cultural, ideological, linguistic, and educational conflict between East and West Pakistan became glaringly evident. The beginning of the Liberation War of Bangladesh (“1971 War”) was on the midnight of 25 March 1971 with the launch of Operation Searchlight, a campaign intended to deter Bangladeshis from seeking independence, after Sheikh Mujibur Rahman of Awami League (AL), won a clear majority in the 1970 general elections in Pakistan. The Pakistani Army raped thousands of Bengali women, as many as three million Bengalis were killed, about ten million Bengalis fled to India, and many were internally displaced during the attack. It was a genocide of immeasurable proportions. When Pakistan’s atrocities escalated, India intervened on humanitarian concerns, opened its borders to shelter the Bengali refugees, and supported Bangladesh by providing logistic supplies and training the soldiers of the Bangladesh liberation forces, the Mukti Bahini. As the rift between East and West Pakistan widened, calls for autonomy gave way to demand outright independence based on self-determination. To resolve the conflict, India attempted mediation with Yahya Khan, the President of Pakistan, for adherence to the 1970 election verdict by the installation of AL government and granting autonomy to East Pakistan, which the father of the Nation Bangabandhu Sheikh Mujibur Rahman repeatedly voiced through his election manifesto and Six-Point Demand.[1] India initiated mediations and commenced a diplomatic offensive by sending emissaries to many countries and writing to almost 72 nations apprising them of East Pakistan’s predicament. When the final attempt to resolve the conflict did not succeed and at last, after exhausting all diplomatic options for a harmonious political resolution, India decided to exercise “the military option” with a plan to attack Pakistan as an instrument to achieve its national objective. Genocide gave legality for India’s humanitarian intervention in the 1971 War and use of force as an act of self-defense against the influx of ten million Bengali refugees, which placed India under acute financial strain. The 1971 War culminated on 16 December 1971 with the defeat of Pakistan after India intervened in the war and vanquished Pakistani forces. To try the collaborators of the crimes during the 1971 War, AL began implementing transitional justice in Bangladesh.

 

1. INTRODUCTION

Before 1971, Pakistan had two regions, the East and the West. Modern-day Bangladesh, known as East Pakistan, was geographically separated by about 1,000 miles from West Pakistan. Given their past inferiority to Hindu landlords in India, Bengal Muslims were looking forward to the Pakistan government to ensure their fundamental rights. However, it proved even more discriminatory towards the East Pakistanis in economic, political, social, cultural, ideological, linguistic, and educational spheres. This discrimination gave rise to the historic Six-Point Demand, which focused on establishing Pakistan as a Federal State to merge the autonomy of the East wing and its control over resources. Proving grounds of this pledge was the creation of two distinct currencies for the two wings; independent foreign reserves; East wing’s self-governance over its foreign exchange earnings and taxes from trade. In 23 years after its creation, for the first time, a free and fair general election was held in Pakistan in December 1970.[2] The Six-Point Demand became a core component of Sheikh Mujib’s election campaign. During his speech on 7 March 1971,[3] Sheikh Mujib mentioned further conditions: immediately lifting the martial law, withdrawal of the military personnel to the barracks, and quick transfer of power to the people’s elected representative prior to the assembly meeting on 25 March 1971.[4] Even though Sheikh Mujib won a clear majority in the 1970 election, the decision-making elite overlooked East Pakistan’s demographics, electoral majority, and political demands. The trouble started when Zulfiqar Ali Bhutto, a leader from West Pakistan whose party Pakistan Political Party came up with an inexplicable compromise of two Prime Ministers for the two wings of Pakistan: Sheikh Mujib in East and Bhutto in West. Sheikh Mujib and Bhutto stood their ground so determinedly that neither was prepared to acknowledge an inch to the other. After political negotiations and mediations failed, the Pakistani Army decided to the crackdown. On the midnight of 25 March 1971, the infamous Operation Searchlight commenced across East Pakistan.[5] It was a brutal rape, murder, and pillage campaign intended to sweep away the Bengali nationalist seeking independence. West Pakistani journalist Anthony Mascarenhas’ story titled “Genocide” shocked the world wherein he wrote that he has seen the Hindu being hunted, heard the screams of men bashed to death, and seen truckloads of other human targets.”[6]

Burdened with the ten million Bengali refugee crisis and pained by the blatant violation of human rights, India intervened by supporting Mukti Bahini. To resolve the conflict, India attempted mediation with Yahya Khan for adherence to the 1970 election verdict by the installation of the AL government and grant autonomy to East Pakistan, which Sheikh Mujib repeatedly voiced through his election manifesto and Six-Point Demand. India had commenced a diplomatic offensive by sending emissaries to many countries and writing to almost 72 nations apprising them of East Pakistan’s predicament and seeking an immediate resolution to the crisis. [7] After exhausting all options for a conflict resolution, India opted for a military solution to attack Pakistan. 15 December 1971 was the decisive day Pakistani forces surrendered to the Indian Army and Bangladesh’s liberation forces. As a part of conflict resolution, the Instrument of Surrender was signed by Pakistan’s Commander Lieutenant General Amir Abdullah Khan Niazi. Lasting just 13 days, the 1971 War, which culminated on 16 December 1971, is considered one of the shortest wars in history. Following its independence, Bangladesh faced the difficult transition from conflict, repression, and gross human rights transgression during the 1971 War to a peaceful and stable country with democratic governance and the rule of law as the paddle. It became necessary to try the collaborators of the crimes during the 1971 War. AL thus desired to ensure the accountability of the 1971 War by introducing transitional justice.[8] The era of 1972-1975 was the most significant years of Bangladesh in promoting feasible initiatives that a war-torn country could do in its very first phase. The enactment of the International Crimes Tribunal Act of 1973 (ICTA, 1973) and the Constitution, the rehabilitation of the victims of sexual violence, international adoption call for war babies, the arrest of perpetrators and collaborators, and the establishment of a commission of inquiry to investigate the extent of genocide, crimes against humanity, and other atrocious war crimes and international crimes, proves that the legacy is continuing. Following the seditious assassination of Sheikh Mujib in the course of the first of a series of military coups in 1975, Bangladesh oscillated between military rule and rule by the elected until 1990. When resuscitated again after the political transition from the military to democratic rule in 1991, Bangladesh adopted certain UN proposed transitional justice measures and various others to reckon with the genocide of 1971. Bangabandhu Sheikh Mujib’s daughter Sheikh Hasina became the Prime Minister of Bangladesh when AL assumed power in January 2009. She then instituted International Crime Tribunals (ICT) under the ICTA, 1973 to try war criminals and international criminals who sided with Pakistan during the 1971 War and committed war crimes and international crimes. Since establishing the International Criminal Court, ICT has been one of the exclusively national trials of international crimes and has become a defining national and international concern.[9] This proves that Bangladesh mainly adopted prosecution initiatives, one of the five pillars of transitional justice proposed by the UN. The other four UN proposed pillars of transitional justice are right to truth, delivering reparations, institutional reform, and national consultations.  Bangladesh also deals with the right to truth and delivering reparations.

2. METHODOLOGY

The article will use both primary and secondary data to generate relevant information. The primary source of data will be through in-depth interviews. However, the navel point of this article is based on the secondary source of information extracted from the existing literature, books, articles, journals, periodicals, magazines, newspapers, online sources, and several internet websites to corroborate the information from the primary sources.

3. CONFLICT BETWEEN EAST AND WEST PAKISTAN

There is, in fact, nothing common in the two wings, particularly in respect to those things which are the sine qua non to form a nation. In the late 1950s, despite an increase in public funds allocated to East Pakistan, the economic disparity between the two wings reflected in their GDP growth rates remained stark. The country’s capital and more immigrant businessmen were present in West Pakistan, directing more government allocations there.[10] East Pakistanis were under-represented in the military and central government posts. Despite colossal defense spending, East Pakistan received none of the benefits, such as contracts, purchasing, and military support jobs.[11] While West Pakistan was substantially supportive of an Islamic state, East Pakistan strongly objected to the Islamist pattern imposed by West Pakistan. With a provision to choose Bangla as the primary language in East Pakistan, Mohammed Ali Jinnah, the founding father of Pakistan, declared Urdu as the official language of Pakistan. This declaration prompted an inordinate outrage among the East Pakistanis known as the Bengali Language Movement. West Pakistan enjoyed a higher enrollment growth, matched by a significant increase in the total number of schools and teachers. Schooling conditions in East Pakistan declined and caused a resource crunch due to the center’s pro-West focus.[12]

 

4. BANGLADESH LIBERATION WAR, 1971

Pakistan authorities’ reluctance to give legitimate power to Sheikh Mujib, respecting the 1970 election mandate, resulted in a constitutional crisis in Pakistan. The planned military pacification, Operation Searchlight, created such terror and genocide that ten million people fled to India. India gave shelter to the East Pakistani refugees for nine months and trained Mukti Bahini, consisting of military, paramilitary, and civilians, to fight a civil war.[13] Pakistan launched the pre-emptive aerial strike on eleven Indian Air Force stations on 03 December 1971, setting off hostilities between the two neighbors. When the joint command of Mukti Bahini and the Indian Army advanced inside East Pakistan, the defeat and surrender of the Pakistan Army became a matter of time. On 16 December 1971, about 93,000 surrendered Pakistani troops were taken as POWs in the custody of the Indian Army. In 2009, almost forty years after the events of 1971, under the Bangladesh War Crimes Fact-Finding Committee report, 1,597 people were accused of war crimes, including rape.[14] Pakistan’s attempt to enforce uniformity where diversity was desired had an unfortunate consequence. In the final analysis, the emergence of Bangladesh signifies the right to self-determination.

5. MEDIATION AND CONFLICT RESOLUTION – INDIA’S ROLE

When the Pakistan Army unleashed the ruthless crackdown on East Pakistanis, the influx of refugees to India increased beyond the control of the Indian administration. Indian Prime Minister Indira Gandhi presented a resolution in parliament and proclaimed harmony with East Pakistan by providing diplomatic, economic, and military support. India appealed to Yahya Khan for adherence to the 1970 election verdict by the installation of the AL government and granting autonomy to East Pakistan.[15] For an effective conflict resolution, Indira Gandhi sensitized the world through diplomatic channels and wrote letters to leaders of almost 72 nations, appraising East Pakistan’s situation and India’s position. To gain the support of the world communities for India’s policies related to the East Pakistan crisis, Indian emissaries briefed world leaders and foreign governments about the human rights violations in East Pakistan committed by the Pakistani Army, which has forced India to receive ten million East Pakistani refugees. The UNHCR lists it as the world’s biggest movement of refugees in the second half of the 20th century. The UN was unable to reciprocate India’s plea for intervention in the conflict between East and West Pakistan since the UN Charter protects the right of States to their sovereignty by separating their domestic and international affairs.[16] Further, the UN can be effective only if the five permanent members of the UNSC act together.[17] India tried to explain to the international communities that it was not a conflict between India and Pakistan but between two hostile Muslim communities of  Pakistan.[18] Indira Gandhi visited Moscow on 27 September 1971 and, on the following day, had a six-hour meeting with Brezhnev, Podgorny, and Kosygin.[19]  Indira Gandhi urged them to help find a political resolution to the Bangladesh crisis, starting with the release of Sheikh Mujib. Indira Gandhi tried to arouse the world’s conscience over the merciless butchering of the civilian population in East Pakistan and the savagery of General Tikka Khan.[20] Indira Gandhi had expressed her willingness to meet Yahya Khan to discuss the East Pakistan crisis. However, Indira Gandhi firmly said that any settlement in East Pakistan needs to be negotiated with Sheikh Mujib and the AL leaders.[21] On 23 October 1971, Indira Gandhi visited Moscow. She embarked on a three-week tour to several Western Nations, including the US, France, the UK, West Germany, Belgium, and Australia, to appraise them of the on-ground situation and draw some world leaders’ attention.[22] Indira Gandhi resorted all means and did her best to explain to the international communities the situation in South Asia, requested their help in sharing the economic burden of managing the refugees, and asked them to persuade the Pakistani government for an expeditious political resolution of the East Pakistan conflict. Despite Indira Gandhi’s plea to Pakistan and the international community to ensure an early political resolution, there was inaction by the UN and most of the countries, which gave more importance to the unity of Pakistan. After Indira Gandhi’s exhaustive trip to many countries across the globe to sensitize the international community, it was concluded that India had to fight with only Soviet Union’s support.[23] As the situation unfolded, taking a cue from the Israeli 1967 war with the Arabs, when Pakistan kicked off the two-front all-out war against India, launching a pre-emptive airstrike code-named Operation Chengiz Khan on multiple Indian airbases on 03 December 1971, India officially entered the 1971 War.[24] The aircraft of India dominated the skies of East Pakistan. The East Pakistani Navy supported India in marine warfare by carrying out attacks, remarkably Operation Jackpot. The “two-week swift war” culminated with the unconditional surrender of the Pakistani armed forces.[25] India’s humanitarian involvement and intervention in conflict resolution resulted in a lightning victory for the Bangladeshi and Indian forces. Upon exchange of views with the officials of the Bangladesh Government in exile, the Bangladesh Prime Minister’s office and Col. M.A.G. Osmani, who was ostensible head of all the freedom fighters, assessed that guerrilla warfare could continue for years, and the youthful groups of the freedom fighters would not be able to defeat the Pakistani military without India’s direct military support.[26]

 

6. INSTRUMENT OF SURRENDER

The Instrument of Surrender was signed by Pakistan’s Commander Lieutenant General Amir Abdullah Khan Niazi, in the presence of Lieutenant General Jagjit Singh Aurora, General Officer Commanding-in-Chief Eastern Command of the Indian Army.[27] Lieutenant General Niazi surrendered at Dhaka’s Ramna Racecourse, handing over his service revolver to Lieutenant General Jagjit Singh Aurora at 1631 hrs on 16 December 1971, just 13 days after the 1971 War broke out. Over 93,000 Pakistani troops surrendered to the Indian and Bangladesh liberation forces, making it the largest surrender since World War II.

 

7. SIMLA AGREEMENT

The Simla Agreement was signed in 1972 between India and Pakistan to ensure a smooth transition. It was a follow-up arrangement of the Indo-Pakistan Agreement of 28 August 1973. India and Pakistan had already agreed to repatriate all prisoners of war (POWs) to Pakistan, including the alleged 195 war criminals in Indian custody. India released more than 93,000 Pakistani POWs in five months, and nearly 200 soldiers involved in war crimes were pardoned.[28] The Simla Agreement provided that Pakistan recognized the independence of Bangladesh in exchange for the return of the POWs. The accord also gave back 13,000 km of land that Indian troops had seized in West Pakistan during the 1971 War.

8. ACCOUNTABILITY OF WAR BY TRANSITIONAL JUSTICE

Bangladesh initiated and adopted several intensive political, legislative, and judicial measures to bring the perpetrators of brutal crimes to justice.[29] It included arrest of 3,700 alleged perpetrators and collaborators including 15 political party leaders and confiscated citizenship of 43 individuals who visited foreign countries in 1971 to campaign against the independence of Bangladesh; trial of top war criminals, both civilian and military; formation of an international tribunal for the trial of the war criminals including the 150 POWs who were delivered from Indian custody for trial in Bangladesh; prepared a list of 195 Pakistani army personnel against whom there were specific evidence and proof of crimes against humanity, genocide, war crimes and crimes against peace, and decided to prosecute them; ban under Article 38 of the Bangladesh Constitution of the religious political party Jamaat-e-Islami whose members collaborated with the Pakistani Army in committing the atrocious crimes in 1971; established an inquiry commission to investigate the degree of genocide, crimes against humanity, war crimes, and other mass atrocity crimes; issued an executive order to provide state-sponsored clinics with abortion facilities to terminate unwanted pregnancies; and enacted the Bangladesh Abandoned Children (Special Provision) Order 1972 to encourage and allow the adoption of unwanted or abandoned war babies by foreign adoption agencies and nationals.[30] The other measures by which the Bangladesh government initially addressed the mechanisms of transitional justice included declaring rape victims as war heroine with an attempt to prevent rape victims from being excluded and neglected by their families and society,[31] institutionalized the women victims’ relief and rehabilitation by founding the Bangladesh Women’s Rehabilitation Board, and promulgated the Collaborators Order 1972 to try those who committed and collaborated in the commission of international crimes in 1971 which was however revoked in 1975 during the military rule. Also, it issued the Bangladesh National Liberation Struggle Indemnity Order and enacted ICTA, 1973 to set up high-powered special international crimes tribunal(s) to try those who directly or indirectly committed crimes against humanity, genocide, war crimes, international crimes, and other serious crimes at international law.[32]

 

9. PROGRESSION OF TRANSITIONAL JUSTICE

Being a party to the International Covenant on Civil and Political Rights 1966, Bangladesh was obliged to provide an effective judicial remedy to the victims of a serious violation of human rights in 1971. The ICTA, 1973 was, in the meantime, amended to suit international standards. After the democratic rule came into force in 1991, Bangladesh adopted certain UN proposed transitional justice measures and various others. Out of the UN proposed five pillars of transitional justice measures viz. prosecution initiatives, right to truth, delivering reparations, institutional reform, and national consultations, Bangladesh adopted the following:

9.1. Prosecution Initiatives

Bangladesh mainly deals with prosecution initiatives. Relying on the ICTA, 1973 Bangladesh government established ICT – 1 and ICT -2, the domestic courts that apply domestic law to prosecute perpetrators of international crimes. The ICT issued its first arrest warrants against Abdul Quader Mollah and two other Jamaat-e-Islami leaders in July 2010. Delwar Hossain Sayeedi, the deputy leader of Jamaat-e-Islami, was the first person to face charges related to the conflict, indicted on 03 October 2011 by the ICT on twenty counts of war crimes which included murder, rape, and arson.[33] Sayeedi was sentenced to death by hanging on 28 February 2013 for finding him guilty of genocide, rape, and religious persecution.[34] Abul Kalam Azad, a Razakars member, was found guilty of murder and rape in absentia. He was sentenced to death.[35] Muhammad Kamaruzzaman, senior assistant secretary-general of Jamaat-e-Islami, faced the trial for seven war crimes charges, which included planning and advising on the rape of women in the village Shohaghpur on 25 July 1971.[36] The ICT sentenced Kamaruzzaman to death by hanging on 9 May 2013. In July 2013, former Jamaat-e-Islami leader Ghulam Azam was given a ninety-year sentence for rape and mass murder during the conflict.[37] Abdul Quader Mollah, a Razakar militia member, was charged with abetting the Pakistani Army and aggressively partaking in the 1971 Bangladesh atrocities, which included the rape of minors and mass murder of the people in the Mirpur area of Dhaka. Mollah was hanged in Dhaka Central Jail on 12 December 2013.[38]

9.2. Right to Truth

In Bangladesh, facilitating initiatives regarding the right to truth included the compilation of the truth of the liberation war in books, articles, documentaries, and the narration of personal experiences regarding the war, by several writers, activists, and freedom fighters. Further, to disclose the truth of the liberation war, the Bangladesh government established the Ministry of the Liberation War Affairs (MOLWA) in 2001. Graveyards and martyrs’ mass graves are maintained to protect the history of the 1971 War. With the association of the National Freedom Fighter Council, a list of freedom fighters is recorded to let the people know who the heroes of the country are. The government of Bangladesh has prepared a guideline to collect and accumulate the documents of the war to exhibit those in public in the ‘documentation center’ aiming at illustrating the causes and consequences of the 1971 War. The prosecution initiative of the Bangladesh government through the ICT plays a vital role in establishing the truth. It facilitates the disclosure of the truth of the 1971 War in all its verdicts by providing a detailed description of the fact regarding the war associated with the accused, which led to the framing of the charge against each accused. Accordingly, the accused is punished based on authentic evidence, elaborately illustrated in the verdicts. The established truth passed in the verdicts will be a binding precedent for further trials and proceedings.

9.3. Delivering Reparations

The reparative measures adopted by Bangladesh include forming the Bangladesh Freedom Fighters Welfare Trust to provide monetary benefits to the wounded freedom fighters and families of the martyrs. Along with appreciation letters for every awardee of the ‘Gallantry Awards,’ monetary reparation by way of financial allowance is facilitated by the Bangladesh government. The children and grandchildren of freedom fighters are privileged for a special ‘quota’ facility in Bangladesh government services. Further, victims of torture obtain specialist treatment at the Bangladesh Rehabilitation Center for Trauma Victims and the Center for Rehabilitation of Torture Survivors. Addressing the rape victims of the 1971 War as ‘Birangona’ was a satisfaction measure adopted by the Bangladesh government, as the word ‘Birangona’ gives them a particular position and dignity in society. After the gazette of 2014, the Birangonas are getting monthly allowances, quotas, and special opportunities for their children and grandchildren in the civil service.[39] Bangladesh officially declared 14 December as ‘Martyred Intellectuals Day’ and officially commemorated the intellectuals killed during the 1971 War. 21 February is observed in Bangladesh as Language Martyrs Day in remembrance of the seven students who were killed on 21 February 1952 when armed forces opened fire against the procession held in front of the Provincial Assembly to express defiance against the order that prohibited any demonstration or protest aimed at altering the State language. In 1999, UNESCO proclaimed 21 February as the International Mother Tongue Day in recognition of the sacrifices rendered by Bengalis. The Bangladesh government established the Column of Independence at the historical ‘Suhrawardy Udyan’ to restore the memoir and preserve historical sites related to the 1971 War. Suhrawardy Udyan is significant for being where the 7 March 1971 speech of Sheikh Mujibur Rahman was delivered, and it is the same place from where the Pakistan Army on 16 December 1971 surrendered. Liberation War Museum (LWM), located in Dhaka, is dedicated to the memory of the sacrifices made by the victims of the 1971 War.[40] It has an extensive collection of items relating to the turbulent period of the country’s history, which resulted in East Pakistan becoming an independent nation – Bangladesh.[41] Its education program under the Reachout Program includes a “mobile museum” that visits schools and universities throughout the country and an oral history project conducted in collaboration with schools. The LWM’s Outreach Program has included an oral history project in which students interview family members about past injustices, helping to give young citizens a sense of agency.[42] On 23 October 2001, MOLWA was established to assure the diversified rights of the freedom fighters and their families. Under the ‘Bangladesh Freedom Fighters Welfare Trust Rescue Plan-2010,’ commercial and residential buildings for the freedom fighters and the martyr’s family members are built. In 2011, Bangladesh awarded the highest recognition ‘Bangladesh Freedom Honor’ posthumously to Indira Gandhi for her immeasurable assistance and support to the people of Bangladesh in every sector, including the refugee crisis, political, military, and finally in recognition of Bangladesh as an independent country. Bangladesh observes 25 March as the ‘Genocide Day’ since 2017. The Bangladesh government formed the National Freedom Fighter Council in 2020, assigning to update the list of the freedom fighters and take necessary steps to include the name of the freedom fighters in the databases and the official national gazette.

10. RECOMMENDATIONS

In Bangladesh, albeit the Constitution is based on the fundamental principles of the rule of law, the reality is that only the privileged have access to law and equality before it. For the interest of justice, the judiciary needs to be separated from the executive functions. To enforce the rule of law, enforcement agencies are unavoidable. Legal aid is to be extended for the poor people to enjoy the fundamental rights provided in the Constitution. Independent and specific policy for the rule of law is essential for overcoming ambiguity and anomalies. Further, one or two pillars of the UN proposed transitional justice mechanisms are insufficient to address any post-conflict situation. To improve and ensure the accountability of the 1971 War and deal with human rights violations of a transitional society, the Bangladesh government needs to focus on introducing transitional justice mechanisms by adopting all the five pillars proposed by the UN.  Apart from Prosecution Initiatives, and Delivering Reparations, facilitating initiatives in respect of the Right to Truth by establishing Truth Commissions, Institutional Reform, and National Consultation as described below are required to be incorporated in the government policy to prevent the recurrence of future human rights violations in Bangladesh.

10.1. Right to Truth by Establishing Truth Commissions

Truth-seeking processes assist in investigating the past human rights violations in post-conflict and transitional societies. It is undertaken by Truth Commissions, a quasi-judicial investigative body that charts patterns of past violence to trace the causes and consequences of these destructive events.[43]No such traditional truth and reconciliation commission has ever been established in Bangladesh. Discovering the truth is fundamental and the most challenging task in transitional societies. Victims and offenders have different versions of the truth. Still, unearthing factual truth, narrative truth, social truth, and restorative truth help create common ground to understand what happened during the conflict.[44] The political parties in Bangladesh tried to establish the truth according to their way by delegitimizing the opposite. Truth Commissions could be suitable platforms for considering the root causes of conflict or repression and violations of economic, social, and cultural rights. They aim to uncover the truth about past events and mandates to examine gross human rights violations’ causes, consequences, and nature.

10.2. Institutional Reform

By reforming or structuring just and effective public institutions, institutional reform lets post-conflict and transitional governments stop the recurrence of future human rights violations.[45] The secondary objectives are enabling the rule of law, protecting human rights, and establishing peace and security in society.  Removal or refraining from recruiting people responsible for gross violations of human rights in public services, predominantly in the security and justice sectors, is crucial to facilitating this transformation. The removal of such employees shall comply with due process of law and the principle of non-discrimination. Institutional reform should further incorporate comprehensive training programs for public officials and employees on applicable human rights and international humanitarian law standards. The research and academic works should be explored more at the community level. Bangladesh’s government has not taken many initiatives to reform the different security institutions. The human rights law-based training should be conducted more frequently and mandatorily not only for selected cadre services but should extend to all government and non-government officials working in different sectors. It is challenging to remark on the ways to improve the institutional reformation of Bangladesh when 50 years have already passed after the Liberation War of 1971.

 

10.3. National Consultations

Before 2010, the UN had four pillars to enact and evaluate transitional justice initiatives for a post-conflict society.[46] In 2010, after the “Guideline Note of the Secretary-General: United Nations Approach to Transitional Justice,” the UN incorporated ‘National Consultations’ as the fifth pillar of transitional justice. The United Nations Office of the High Commissioner for Human Rights, in 2009, stated that “National Consultations are a form of dynamic and respectful discourse whereby the consulted parties are given the space to express themselves freely, in a secure environment, with a view for shaping or enhancing the design of transitional justice programs.”[47] The meaningful public participation of men and women is the foundation of the National Consultations. Through public involvement, the needs of the communities affected by conflict or repressive rule are revealed, which forms a basis for the States to craft appropriate transitional justice programs.  The consultative process thereby helps victims and other members of civil society to advance a local title of the resulting program. National consultations can also occur during the planning stages of a truth commission or reparations program. The Bangladesh government should facilitate the process of National Consultations by forming discussion forums, rendering legal and technical advice, encouraging participation of victims, minorities, women, and children. Supporting capacity structuring and mobilizing fiscal and material resources should also be facilitated by the Bangladesh government. Sharing views and resources exchange programs with the non-government organization and civil society organizations could be introduced by the Bangladesh government to enrich the capabilities of different government bodies.[48]

11. ACKNOWLEDGMENT

I acknowledge and thank my supervisor, Prof. Laurent Cleenewerck,  and the Advisory Committee members of Euclid University for the immense support and guidance extended to me in completing the thesis successfully from which this article derived.

12. CONCLUSION

The wave of religion in 1947 that divided India and created Pakistan did not stand the test of time. Though religion remained a binding factor, cultural conflict, among many other conflicts within Pakistan, paved the path for the secession of Pakistan and the formation of Bangladesh in December 1971. East Pakistan constantly claimed that West Pakistan was treating it as a colony of Pakistan. Therefore, it had a right to demand outright independence by using force, statehood and sovereignty, and recognition based on self-determination, which is mentioned among the objectives of the UN Charter. India was compelled to intervene in the 1971 War, which decisively shaped and influenced the region’s geopolitics and global order. India maintained just war traditions with no ulterior motive of imperialism or fiscal interest.[49] The majority at the UN were against India and did their best to embarrass the Indian leaders. India’s role in the 1971 War is a classic case of humanitarian intervention where India used the military to protect human rights.  Article 2 (7) of the UN Charter sets out the right of a State to exercise exclusive sovereignty over its domestic affairs.[50] India’s humanitarian intervention goes beyond Article 2 of the UN Charter, which is highly eloquent on non-interference by another State but silent on internal aggression by an autocratic, unfair regime.  The dynamism of conflict in the international system is such that conflict in one country can endanger the peace and safety of the entire region and, by extension, other parts of the world as well. There is, therefore, a need for collective actions by States at the sub-regional, regional, or global level.  The 1971  War has given a new dimension to international law. It is a classic instance of forgotten and unrecognized genocide. The 1971 War thus can be considered as a legitimate option within international law, mainly on account of genocide. Bangladesh was not entirely successful in facilitating initiatives regarding the Right to Truth. It is hard to reconstruct the truth after the passage of decades and decades since the conclusion of the 1971 War. Formation of Truth and Reconciliation Commissions in Bangladesh following similar international structures in other countries would be practical.[51] A combination of all the five pillars of the transitional justice mechanisms proposed by the UN is inevitable in peacebuilding and establishing security in the society of Bangladesh.[52] To this end, the Bangladesh government needs to proactively take steps to incorporate all pillars of the transitional justice mechanisms proposed by the UN in the Bangladesh government policies under the supervision of the Ministry of Liberation War Affairs, Bangladesh.

 

REFERENCES

  1. Gull, Ayyaz, ‘Charter of Independence: A Critical Study of Mujib’s Six-Point Programme’, 2014, 16.
  2. Batabyal, Guru Saday, Politico-Military Strategy of the Bangladesh Liberation War, 1971, 1st ed. (London ; New York, NY : Routledge/Taylor & Francis Group, 2021.: Routledge India, 2020), https://doi.org/10.4324/9780429317644.
  3. Khan, Ruhul Sadik, ‘Significance of March 7 Speech | The Asian Age Online, Bangladesh’, The Asian Age, accessed 14 November 2021, http://dailyasianage.com/news/12791/?regenerate.
  4. Alam, Rafiul, ‘Significance of Independence Day | The Asian Age Online, Bangladesh’, The Asian Age, accessed 17 November 2021, http://dailyasianage.com/news/14433/?regenerate.
  5. Sakib Khan, Md Nazmus, ‘The Struggle for Freedom – Birth of a Nation’, OPR (blog), 12 June 2020, http://oxfordpoliticalreview.com/2020/06/12/the-struggle-for-freedom-birth-of-a-nation/.
  6. ‘Mascarenhas, Anthony, Genocide.Pdf’, accessed 18 November 2021, http://www.cbgr1971.org/files/SundayTime/GenocideAnthonyMascarenhasDocx.pdf.
  7. Ramesh, Jairam, ‘Behind the Scenes of India’s Response to the East Pakistan Crisis of 1971’, The Wire, accessed 15 November 2021, https://thewire.in/books/indira-gandhi-pn-haksar-east-pakistan-bangladesh.
  8. Linton, Suzannah, ‘Completing the Circle: Accountability for the Crimes of the 1971 Bangladesh War of Liberation, Criminal Law Forum 21, no. 2 (June 2010): 191–311, https://doi.org/10.1007/s10609-010-9119-8.
  9. Islam, Rafiqul M, ‘National Trials of International Crimes in Bangladesh: Transitional Justice as Reflected in Judgments | The University Press Limited’, accessed 25 November 2021, http://uplbooks.com/book/national-trials-international-crimes-bangladesh-transitional-justice-reflected-judgments.
  10. ‘Bangladesh Liberation War’, in Wikipedia, 13 November 2021, https://en.wikipedia.org/w/index.php?title=Bangladesh_Liberation_War&oldid=1054998580.
  11. ‘Muktijuddho (Bangladesh Liberation War 1971) – East-West Pakistan – History of Bangladesh’, accessed 17 February 2022, http://www.londoni.co/index.php/23-history-of-bangladesh/1971-muktijuddho/102-muktijuddho-bangladesh-liberation-war-1971-east-west-pakistan-history-of-bangladesh.
  12. Asadullah, Mohammad Niaz, ‘Economic History of Pakistan: Educational Disparity In East and West Pakistan, 1947–71: Was East Pakistan Discriminated Against?’, Economic History of Pakistan (blog), 31 July 2011, https://economichistoryofpakistan.blogspot.com/2011/07/educational-disparity-in-east-and-west.html.
  13. Thakur, Tanya, and Chhabra, Ruchira, ‘Pakistan Refugees in India: Partition Stories That Never Faded’, Delhi Post (blog), 28 June 2018, https://delhipostnews.com/4528-2/.
  14. ‘Accountability and Transitional Justice’, Berkeley Law, accessed 18 November 2021, https://www.law.berkeley.edu/experiential/clinics/international-human-rights-law-clinic/projects-and-cases/accountability-and-transitional-justice/.
  15. ‘Pakistan: A Political History’, Asia Society, accessed 20 November 2021, https://asiasociety.org/education/pakistan-political-history.
  16. Nanda, Ved P, ‘A Critique of the United Nations Inaction in the Bangladesh Crisis’, Denver Law Journal 49 (n.d.): 17.
  17. ‘Voting System | United Nations Security Council’, accessed 14 February 2022, https://www.un.org/securitycouncil/content/voting-system.
  18. Batabyal, Guru Saday, ‘Politics in Pakistan and the Bangladesh Liberation War, 1971’, n.d., 24.
  19. Ray, Ashis, ‘1971: When Indira Gandhi Outwitted Nixon’, National Herald, 19 November 2017, https://www.nationalheraldindia.com/opinion/1971-when-indira-gandhi-outwitted-nixon.
  20. Kidwai, Rasheed, ‘When India Brought Pakistan to Its Knees: How the 1971 War Was Fought and Won’, accessed 20 November 2021, https://www.dailyo.in/politics/pulwama-attack-1971-india-pakistan-war-bangladesh-liberation-abullah-khan-niazi-indira-gandhi/story/1/29564.html.
  21. Adithya, ‘Relationship between India and Bangladesh, Treaty of Friendship and Peace’, Fully Defence (blog), 29 April 2021, https://fullydefence.com/relationship-between-india-and-bangladesh-treaty-of-friendship-and-peace/.
  22. Shrivastava, Sanskar, ‘1971 India Pakistan War: Role of Russia, China, America and Britain’, accessed 21 November 2021, http://www.theworldreporter.com/2011/10/1971-india-pakistan-war-role-of-russia.html.
  23. ‘Situation in the Indian Subcontinent’, accessed 21 November 2021, https://www.mofa.go.jp/policy/other/bluebook/1971/1971-1-8.htm.
  24. Subramaniam, Arjun AVM, ‘Even before 1971 War Started with Pakistan, India Had Won the Battle’, ThePrint (blog), 22 November 2018, https://theprint.in/opinion/even-before-1971-war-started-with-pakistan-india-had-won-the-battle/152975/.
  25. Raza, Maroof, ‘Pakistan’s Darkest Day’, The Pioneer, accessed 22 November 2021, https://www.dailypioneer.com/2020/columnists/pakistan-s-darkest-day.html.
  26. Haider, Zaglul, ‘A Revisit to the Indian Role in the Bangladesh Liberation War’, Journal of Asian and African Studies – J ASIAN AFR STUD 44 (28 September 2009): 537–51, https://doi.org/10.1177/0021909609340062.
  27. Kapoor, Desh, ‘Detailed Story of Pakistan’s Surrender After the 1971 India Pakistan War – Drishtikone’, accessed 22 November 2021, https://drishtikone.com/blog/2006/12/20/how-pakistan-surrendered-1971-india-pakistan-war/.
  28. ‘Bangladesh Celebrates 50th Victory Day | South Asia Monitor’, accessed 23 November 2021, https://www.southasiamonitor.org/bangladesh/bangladesh-celebrates-50th-victory-day.
  29. Islam, Rafiqul M, ‘National Trials of International Crimes in Bangladesh: Transitional Justice as Reflected in Judgments | The University Press Limited’.
  30. Islam, Rafiqul M, Transitional Justice in Bangladesh: Significance, Legacy, and Contribution, National Trials of International Crimes in Bangladesh (Brill Nijhoff, 2019), https://doi.org/10.1163/9789004389380_017.
  31. Mookherjee, Nayanika, ‘The Raped Woman as a Horrific Sublime and the Bangladesh War of 1971’, accessed 23 January 2022, https://journals.sagepub.com/doi/10.1177/1359183515603742.
  32. Fazi, Muhammad Abdullah et al., ‘Historical Background of the International Crimes Tribunal Bangladesh, Unveiling the Truth’, 2018, 6.
  33. Samad, Abdus, ‘The International Crimes Tribunal in Bangladesh and International Law’, Criminal Law Forum 27, no. 3 (September 2016): 257–90, https://doi.org/10.1007/s10609-016-9282-7.
  34. ‘Bangladesh International Crimes Tribunal Should Pursue Justice, Not Vengeance’, International Commission of Jurists (blog), 28 February 2013, https://www.icj.org/bangladesh-international-crimes-tribunal-should-pursue-justice-not-vengeance/.
  35. ‘Bangladesh Cleric Abul Kalam Azad Sentenced to Die for War Crimes – BBC News’, accessed 25 November 2021, https://www.bbc.com/news/world-asia-21118998.
  36. Habib, Haroon, ‘Bangladesh War Crimes Convict Kamaruzzaman Executed’, The Hindu, 11 April 2015, sec. International, https://www.thehindu.com/news/international/execution-of-jamaateislami-leader-muhammad-kamaruzzaman/article7092654.ece.
  37. ‘Bangladesh Islamist Ghulam Azam Found Guilty of War Crimes’, BBC News, 15 July 2013, sec. Asia, https://www.bbc.com/news/world-asia-23310518.
  38. ‘Bangladeshi War Criminal Abdul Quader Mollah Executed | News.Com.Au — Australia’s Leading News Site’, accessed 25 November 2021, https://www.news.com.au/world/bangladeshi-war-criminal-abdul-quader-mollah-executed/news-story/098043d950ed891a30669e4b66ee2332.
  39. Alam, Niloy, and Kallol, Asif Showkat, ‘“Freedom Fighters” Defined for the First Time’, Dhaka Tribune, 8 November 2016, https://archive.dhakatribune.com/bangladesh/2016/11/08/freedom-fighters-defined-first.
  40. ‘Prof. Sakib, Najmus ABM, Victimization During Liberation War 1971 and Transitional Justice – The Case of Bagladesh.Pdf’, n.d.
  41. ‘Liberation War Museum, Dhaka’, Bangladesh.com, accessed 25 November 2021, https://www.bangladesh.com/attractions/museums/liberation-war-museum/.
  42. ‘Education and Transitional Justice: Learning Peace’, accessed 23 December 2021, https://documentop.com/education-and-transitional-justice-learning-peace-usaid-eccn_5a9fdcb91723dd6ebef1016f.html.
  43. ‘TJ – UN Guidance Note.Pdf’, n.d.
  44. Weitekamp, Elmar GM, and Parmentier, Stephan, ‘Restorative Justice as Healing Justice: Looking Back to the Future of the Concept’, Restorative Justice 4, no. 2 (3 May 2016): 141–47, https://doi.org/10.1080/20504721.2016.1197517.
  45. Cats-Baril, Amanda, Moving Beyond Transitions to Transformation: Interactions between Transitional Justice and Constitution-Building (International Institute for Democracy and Electoral Assistance (International IDEA), 2019), https://doi.org/10.31752/idea.2019.39.
  46. ‘Lambourne, Wendy, What Are the Pillars of Transitional Justice.Pdf’, accessed 26 February 2022, http://www.austlii.edu.au/au/journals/MqLawJl/2014/4.pdf.
  47. Bayefsky, Anne, ed., ‘Office of the United Nations High Commissioner for Human Rights’, in The UN Human Rights Treaty System in the 21 Century (Brill | Nijhoff, 2000), 451–58, https://doi.org/10.1163/9789004502758_044.
  48. Ludwin King, Elizabeth, ‘Big Fish, Small Ponds: International Crimes in National Courts’, 90 Indiana Law Journal 829 (2015) 90, no. 2 (1 April 2015), https://www.repository.law.indiana.edu/ilj/vol90/iss2/9.
  49. Brekke, Bo Christoffer, ‘Humanitarian Intervention and Just War’, n.d., 179.
  50. United Nations, ‘United Nations Charter (Full Text)’, United Nations (United Nations), accessed 18 February 2022, https://www.un.org/en/about-us/un-charter/full-text.
  51. ‘Truth and Reconciliation Commission’, accessed 18 February 2022, https://www.justice.gov.za/trc/.
  52. ‘OHCHR_Thematic Paper on Transitional Justice.Pdf’, accessed 18 February 2022, https://www.un.org/peacebuilding/sites/www.un.org.peacebuilding/files/4._ohchr_thematic_paper_on_transitional_justice.pdf.

 

 

 

 

 

Publisher Information: The Intergovernmental Research and Policy Journal (IRPJ) is a unique interdisciplinary peer-reviewed and open access Journal. It operates under the authority of the only global and treaty-based intergovernmental university in the world (EUCLID), with other intergovernmental organizations in mind. Currently, there are more than 17,000 universities globally, but less than 15 are multilateral institutions, EUCLID, as IRPJ’s sponsor, is the only global and multi-disciplinary UN-registered treaty-based institution.

IRPJ authors can be assured that their research will be widely visible on account of the trusted Internet visibility of its “.int” domain which virtually guarantees first page results on matching keywords (.int domains are only assigned by IANA to vetted treaty-based organizations and are recognized as trusted authorities by search engines). In addition to its “.int” domain, IRPJ is published under an approved ISSN for intergovernmental organizations (“international publisher”) status (also used by United Nations, World Bank, European Space Agency, etc.).

 

IRPJ offers:

  1. United Nations Treaty reference on your published article (PDF).
  2. “Efficiency” driven and “author-focused” workflow
  3. Operates the very novel author-centric metric of “Journal Efficiency Factor”
  4. Minimal processing fee with the possibility of waiver
  5. Dedicated editors to work with graduate and doctoral students
  6. Continuous publication i.e., publication of articles immediately upon acceptance
  7. The expected time frame from submission to publication is up to 40 calendar days
  8. Broad thematic categories
  9. Every published article will receive a DOI from Crossref and is archived by CLOCKSS.

[1] Gull, Ayyaz, ‘Charter of Independence: A Critical Study of Mujib’s Six-Point Programme’, 2014, 16.

[2] Batabyal, Guru Saday, Politico-Military Strategy of the Bangladesh Liberation War, 1971, 1st ed. (London ; New York, NY : Routledge/Taylor & Francis Group, 2021.: Routledge India, 2020), https://doi.org/10.4324/9780429317644.

[3] Khan, Ruhul Sadik, ‘Significance of March 7 Speech | The Asian Age Online, Bangladesh’, The Asian Age, accessed 14 November 2021, http://dailyasianage.com/news/12791/?regenerate.

[4] Alam, Rafiul, ‘Significance of Independence Day | The Asian Age Online, Bangladesh’, The Asian Age, accessed 17 November 2021, http://dailyasianage.com/news/14433/?regenerate.

[5] Sakib Khan, Md Nazmus, ‘The Struggle for Freedom – Birth of a Nation’, OPR (blog), 12 June 2020, http://oxfordpoliticalreview.com/2020/06/12/the-struggle-for-freedom-birth-of-a-nation/.

[6] ‘Mascarenhas, Anthony, Genocide.Pdf’, accessed 18 November 2021, http://www.cbgr1971.org/files/SundayTime/GenocideAnthonyMascarenhasDocx.pdf.

[7] Ramesh, Jairam, ‘Behind the Scenes of India’s Response to the East Pakistan Crisis of 1971’, The Wire, accessed 15 November 2021, https://thewire.in/books/indira-gandhi-pn-haksar-east-pakistan-bangladesh.

[8] Linton, Suzannah, ‘Completing the Circle: Accountability for the Crimes of the 1971 Bangladesh War of Liberation’, Criminal Law Forum 21, no. 2 (June 2010): 191–311, https://doi.org/10.1007/s10609-010-9119-8.

[9] Islam, Rafiqul M, ‘National Trials of International Crimes in Bangladesh: Transitional Justice as Reflected in Judgments | The University Press Limited’, accessed 25 November 2021, http://uplbooks.com/book/national-trials-international-crimes-bangladesh-transitional-justice-reflected-judgments.

[10] ‘Bangladesh Liberation War’, in Wikipedia, 13 November 2021, https://en.wikipedia.org/w/index.php?title=Bangladesh_Liberation_War&oldid=1054998580.

[11] ‘Muktijuddho (Bangladesh Liberation War 1971) – East West Pakistan – History of Bangladesh’, accessed 17 February 2022, http://www.londoni.co/index.php/23-history-of-bangladesh/1971-muktijuddho/102-muktijuddho-bangladesh-liberation-war-1971-east-west-pakistan-history-of-bangladesh.

[12] Asadullah, Mohammad Niaz, ‘Economic History of Pakistan: Educational Disparity In East and West Pakistan, 1947–71: Was East Pakistan Discriminated Against?’, Economic History of Pakistan (blog), 31 July 2011, https://economichistoryofpakistan.blogspot.com/2011/07/educational-disparity-in-east-and-west.html.

[13] Thakur, Tanya, and Chhabra, Ruchira, ‘Pakistan Refugees in India: Partition Stories That Never Faded’, Delhi Post (blog), 28 June 2018, https://delhipostnews.com/4528-2/.

[14] ‘Accountability and Transitional Justice’, Berkeley Law, accessed 18 November 2021, https://www.law.berkeley.edu/experiential/clinics/international-human-rights-law-clinic/projects-and-cases/accountability-and-transitional-justice/.

[15] ‘Pakistan: A Political History’, Asia Society, accessed 20 November 2021, https://asiasociety.org/education/pakistan-political-history.

[16] Nanda, Ved P, ‘A Critique of the United Nations Inaction in the Bangladesh Crisis’, Denver Law Journal 49 (n.d.): 17.

[17] ‘Voting System | United Nations Security Council’, accessed 14 February 2022, https://www.un.org/securitycouncil/content/voting-system.

[18] Batabyal, Guru Saday, ‘Politics in Pakistan and the Bangladesh Liberation War, 1971’, n.d., 24.

[19] Ray, Ashis, ‘1971: When Indira Gandhi Outwitted Nixon’, National Herald, 19 November 2017, https://www.nationalheraldindia.com/opinion/1971-when-indira-gandhi-outwitted-nixon.

[20] Kidwai, Rasheed, ‘When India Brought Pakistan to Its Knees: How the 1971 War Was Fought and Won’, accessed 20 November 2021, https://www.dailyo.in/politics/pulwama-attack-1971-india-pakistan-war-bangladesh-liberation-abullah-khan-niazi-indira-gandhi/story/1/29564.html.

[21] Adithya, ‘Relationship between India and Bangladesh, Treaty of Friendship and Peace’, Fully Defence (blog), 29 April 2021, https://fullydefence.com/relationship-between-india-and-bangladesh-treaty-of-friendship-and-peace/.

[22] Shrivastava, Sanskar, ‘1971 India Pakistan War: Role of Russia, China, America and Britain’, accessed 21 November 2021, http://www.theworldreporter.com/2011/10/1971-india-pakistan-war-role-of-russia.html.

[23] ‘Situation in the Indian Subcontinent’, accessed 21 November 2021, https://www.mofa.go.jp/policy/other/bluebook/1971/1971-1-8.htm.

[24] Subramaniam, Arjun AVM, ‘Even before 1971 War Started with Pakistan, India Had Won the Battle’, ThePrint (blog), 22 November 2018, https://theprint.in/opinion/even-before-1971-war-started-with-pakistan-india-had-won-the-battle/152975/.

[25] Raza, Maroof, ‘Pakistan’s Darkest Day’, The Pioneer, accessed 22 November 2021, https://www.dailypioneer.com/2020/columnists/pakistan-s-darkest-day.html.

[26] Haider, Zaglul, ‘A Revisit to the Indian Role in the Bangladesh Liberation War’, Journal of Asian and African Studies – J ASIAN AFR STUD 44 (28 September 2009): 537–51, https://doi.org/10.1177/0021909609340062.

[27] Kapoor, Desh, ‘Detailed Story of Pakistan’s Surrender After the 1971 India Pakistan War – Drishtikone’, accessed 22 November 2021, https://drishtikone.com/blog/2006/12/20/how-pakistan-surrendered-1971-india-pakistan-war/.

[28] ‘Bangladesh Celebrates 50th Victory Day | South Asia Monitor’, accessed 23 November 2021, https://www.southasiamonitor.org/bangladesh/bangladesh-celebrates-50th-victory-day.

[29] Islam, Rafiqul M, ‘National Trials of International Crimes in Bangladesh: Transitional Justice as Reflected in Judgments | The University Press Limited’.

[30] Islam, Rafiqul M, Transitional Justice in Bangladesh: Significance, Legacy, and Contribution, National Trials of International Crimes in Bangladesh (Brill Nijhoff, 2019), https://doi.org/10.1163/9789004389380_017.

[31] Mookherjee, Nayanika, ‘The Raped Woman as a Horrific Sublime and the Bangladesh War of 1971’, accessed 23 January 2022, https://journals.sagepub.com/doi/10.1177/1359183515603742.

[32] Fazi, Muhammad Abdullah et al., ‘Historical Background of the International Crimes Tribunal Bangladesh, Unveiling the Truth’, 2018, 6.

[33] Samad, Abdus, ‘The International Crimes Tribunal in Bangladesh and International Law’, Criminal Law Forum 27, no. 3 (September 2016): 257–90, https://doi.org/10.1007/s10609-016-9282-7.

[34] ‘Bangladesh International Crimes Tribunal Should Pursue Justice, Not Vengeance’, International Commission of Jurists (blog), 28 February 2013, https://www.icj.org/bangladesh-international-crimes-tribunal-should-pursue-justice-not-vengeance/.

[35] ‘Bangladesh Cleric Abul Kalam Azad Sentenced to Die for War Crimes – BBC News’, accessed 25 November 2021, https://www.bbc.com/news/world-asia-21118998.

[36] Habib, Haroon, ‘Bangladesh War Crimes Convict Kamaruzzaman Executed’, The Hindu, 11 April 2015, sec. International, https://www.thehindu.com/news/international/execution-of-jamaateislami-leader-muhammad-kamaruzzaman/article7092654.ece.

[37] ‘Bangladesh Islamist Ghulam Azam Found Guilty of War Crimes’, BBC News, 15 July 2013, sec. Asia, https://www.bbc.com/news/world-asia-23310518.

[38] ‘Bangladeshi War Criminal Abdul Quader Mollah Executed | News.Com.Au — Australia’s Leading News Site’, accessed 25 November 2021, https://www.news.com.au/world/bangladeshi-war-criminal-abdul-quader-mollah-executed/news-story/098043d950ed891a30669e4b66ee2332.

[39] Alam, Niloy, and Kallol, Asif Showkat, ‘“Freedom Fighters” Defined for the First Time’, Dhaka Tribune, 8 November 2016, https://archive.dhakatribune.com/bangladesh/2016/11/08/freedom-fighters-defined-first.

[40] ‘Prof. Sakib, Najmus ABM, Victimization During Liberation War 1971 and Transitional Justice – The Case of Bagladesh.Pdf’, n.d.

[41] ‘Liberation War Museum, Dhaka’, Bangladesh.com, accessed 25 November 2021, https://www.bangladesh.com/attractions/museums/liberation-war-museum/.

[42] ‘Education and Transitional Justice: Learning Peace’, accessed 23 December 2021, https://documentop.com/education-and-transitional-justice-learning-peace-usaid-eccn_5a9fdcb91723dd6ebef1016f.html.

[43] ‘TJ – UN Guidance Note.Pdf’, n.d.

[44] Weitekamp, Elmar GM, and Parmentier, Stephan, ‘Restorative Justice as Healing Justice: Looking Back to the Future of the Concept’, Restorative Justice 4, no. 2 (3 May 2016): 141–47, https://doi.org/10.1080/20504721.2016.1197517.

[45] Cats-Baril, Amanda, Moving Beyond Transitions to Transformation: Interactions between Transitional Justice and Constitution-Building (International Institute for Democracy and Electoral Assistance (International IDEA), 2019), https://doi.org/10.31752/idea.2019.39.

[46] ‘Lambourne, Wendy, What Are the Pillars of Transitional Justice.Pdf’, accessed 26 February 2022, http://www.austlii.edu.au/au/journals/MqLawJl/2014/4.pdf.

[47] Bayefsky, Anne, ed., ‘Office of the United Nations High Commissioner for Human Rights’, in The UN Human Rights Treaty System in the 21 Century (Brill | Nijhoff, 2000), 451–58, https://doi.org/10.1163/9789004502758_044.

[48] Ludwin King, Elizabeth, ‘Big Fish, Small Ponds: International Crimes in National Courts’, 90 Indiana Law Journal 829 (2015) 90, no. 2 (1 April 2015), https://www.repository.law.indiana.edu/ilj/vol90/iss2/9.

[49] Brekke, Bo Christoffer, ‘Humanitarian Intervention and Just War’, n.d., 179.

[50] United Nations, ‘United Nations Charter (Full Text)’, United Nations (United Nations), accessed 18 February 2022, https://www.un.org/en/about-us/un-charter/full-text.

[51] ‘Truth and Reconciliation Commission’, accessed 18 February 2022, https://www.justice.gov.za/trc/.

[52] ‘OHCHR_Thematic Paper on Transitional Justice.Pdf’, accessed 18 February 2022, https://www.un.org/peacebuilding/sites/www.un.org.peacebuilding/files/4._ohchr_thematic_paper_on_transitional_justice.pdf.

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Publisher information: The Intergovernmental Research and Policy Journal (IRPJ) is a unique interdisciplinary peer-reviewed and open access Journal. It operates under the authority of the only global and treaty-based intergovernmental university in the world (EUCLID), with other intergovernmental organizations in mind. Currently, there are more than 17,000 universities globally, but less than 15 are multilateral institutions, EUCLID, as IRPJ’s sponsor, is the only global and multi-disciplinary UN-registered treaty-based institution.

 

IRPJ authors can be assured that their research will be widely visible on account of the trusted Internet visibility of its “.int” domain which virtually guarantees first page results on matching keywords (.int domains are only assigned by IANA to vetted treaty-based organizations and are recognized as trusted authorities by search engines). In addition to its “.int” domain, IRPJ is published under an approved ISSN for intergovernmental organizations (“international publisher”) status (also used by United Nations, World Bank, European Space Agency, etc.).

 

IRPJ offers:

  1. United Nations Treaty reference on your published article (PDF).
  2. “Efficiency” driven and “author-focused” workflow
  3. Operates the very novel author-centric metric of “Journal Efficiency Factor”
  4. Minimal processing fee with the possibility of waiver
  5. Dedicated editors to work with graduate and doctoral students
  6. Continuous publication i.e., publication of articles immediately upon acceptance
  7. The expected time frame from submission to publication is up to 40 calendar days
  8. Broad thematic categories
  9. Every published article will receive a DOI from Crossref and is archived by CLOCKSS.

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