19.4.08

Bangladesh War-Crimes: Part two

In 1972, the president of Bangladesh issued an order which established special tribunals to prosecute Bangladeshi citizens who had collaborated with the Pakistani armed forces during 1971. Thereafter, India and Bangladesh agreed to bring criminal charges against certain Pakistani prisoners of war held by India.

In anticipation of these trials, Bangladesh Published Act No. XIX of 1973, which was entitled "An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law."

As Bangladesh prepared for the prosecution, Pakistan filed an action before the International Court of Justice. The basis of Pakistan's action against India was predicated on the grounds that India had detained 92,000 Pakistani prisoners of war in violation of the third and fourth Geneva Conventions of 1949.

Pakistan claimed that pursuant to these conventions, India had the duty to repatriate these persons at the conclusion of the conflict. However, India did not continue the repatriation of the detainees that it had begun in 1972, because it claimed that it had agreed with Bangladesh to surrender to that country those persons whose number exceeded ten thousand, and who were to be charged with genocide. By 1973, the exact number was fixed at 195.

Via Bangladesh-Blogger
> Bangladesh War-Crimes: Part one

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