By Pinaki Roy

Bangladesh is to put alleged war criminals on trial nearly 40 years on from its liberation war that saw three million Bengalis brutally killed and 300,000 women raped.

The Awami League government has formed a tribunal, investigation agency and prosecution team to try the suspected war criminals from the 1971 conflict.

The government formally announced it was setting up the tribunal on March 25th, commemorated by Bangladeshis as ‘Black Night’ as it was on this date in 1971 that the Pakistani Army cracked down on Dhaka’s streets and started killing innocent people.

Analysis: Bangladesh war crimes tribunal faces evidence struggle

The people of Bangladesh (then East Pakistan) protested and launched the nine-month liberation war against Pakistan that culminated in Bangladeshi independence – after Pakistani forces had committed the genocide of three million people with the help of local collaborators.

Bangladesh established a war crimes tribunal in 1973, but its work was stopped in 1975 following the assassination of independence leader Sheikh Mujibur Rahman.

Now the government of Sheikh Hasina - Sheikh Mujibur's daughter - has launched the initiative to try some of the collaborators, most of whom were leaders and supporters of Islamist political parties. The government has not announced how many suspected war criminals it will prosecute, as the newly formed investigation team has yet to begin its work.

The government has formed a three-member tribunal, seven member investigation agency and a twelve-member prosecution team. Minister Shafiq Ahmed told a press conference on March 25th that trials would begin on completion of the investigation.

The investigating agency can start its investigations immediately, and can even arrest suspects and confiscate property with the tribunal’s permission.

Ahmed noted that if any specific evidence of an offence against person could be found, the trial and investigation would continue simultaneously.

According to the government, the investigation agency will probe offences listed under Section 3 of the International Crimes (Tribunals) Act 1973 – namely crimes against humanity, crimes against peace, genocide, violations of the Geneva Convention, any other crimes under international law, plus related offences.

The tribunal is being established under Section 6 of the International Crimes (Tribunals) Act 1973.

Backgrounder: Discrimination led to independence

When the British Empire left the Indian subcontinent in August 1947, the partition of British India gave birth to the new states of India and Pakistan, divided mainly on the basis of religion.

Present-day Bangladesh was incorporated within Pakistan under the name of East Pakistan, even though it was located 12,000 miles away from the rest of Pakistan.

There was no similarity in language, heritage and culture between two parts of Pakistan – the only common factor was Islam. As a result, East Pakistanis felt discriminated by the Pakistan’s rulers.

In 1970 the Awami League, led by Sheikh Mujibur Rahman, won the lion’s share of seats in a national election. But Pakistani president Agha Muhammad Yahya Khan delayed handing over power to Sheikh Mujibur, fuelling growing agitation in East Pakistan as it became apparent that Sheikh Mujibur was being blocked from becoming prime minister of Pakistan.

Sheikh Mujibur called for independence and asked the people to launch a major campaign of civil disobedience. After talks broke down with President Yahya Khan and Zulfiqar Ali Bhutto, the Pakistani force cracked down on the Bengali people on March 25th 1971.

Nine months of bloodshed

On March 25th 1971 Pakistan’s military rulers launched ‘Operation Searchlight’ against the people of Dhaka, the capital of then East Pakistan, leaving some 7,000 Bengalis dead.

The University of Dhaka, the bastion of the protracted struggle of the country’s repressed, faced the wrath of the Pakistani army as students, teachers and employees were exterminated in their hundreds.

The occupation army also cracked down on the Bengali police to stop them joining the armed struggle for freedom.

On March 26th the nation launched an armed struggle against the Pakistani forces following a declaration of independence by the ‘Father of the Nation’, Sheikh Mujibur Rahman.

The Pakistani forces arrested Sheikh Mujibur as, through a wireless message, he called upon the people to resist the occupation forces with whatever they had.

Later, Awami League leaders MA Hannan and Major Ziaur Rahman (later president of Bangladesh) read out the proclamation of independence on behalf of Sheikh Mujibur through a broadcast from Kalurghat radio station in Chittagong.

Imposing a curfew in Dhaka day and night, the Pakistani army came out onto the roads in groups and started firing heavy machine guns and artillery at the offices, slums and homes of Awami League leaders. They torched whole areas, burnt men, women and children, and massacred them by shooting. Foreign journalists were detained in the Hotel Intercontinental.

Immediately after the genocide started on March 25th, Bengali members of the military and police built up local resistance with patriotic youth wherever they could.

Around 15 million people fled across the border to India. Facing a mounting humanitarian and economic crisis, India started actively aiding and organising the Bangladeshi resistance army, known as the Mukti Bahini.

On December 16th 1971, the Pakistani army surrendered to joint Bangladeshi-Indian forces in Dhaka, and independent Bangladesh was born.

During nine months of conflict, the Pakistani occupation force and their local collaborators had killed around three million people and raped 300,000 women, all the while looting and torching houses.