1971 Bangladesh atrocities

Coordinates: 23°N 90°E / 23°N 90°E / 23; 90

Beginning with the start of Operation Searchlight on 25 March 1971 and due to the Bangladesh Liberation War, there were numerous human rights abuses in East Pakistan (now Bangladesh) perpetrated by the Pakistan Army, with support from local political and religious militias, especially against Hindus.^[1][2] Time reported a high ranking U.S. official as saying "It is the most incredible, calculated thing since the days of the Nazis in Poland."^[3]

Bangladeshi authorities claim that as many as 3 million people were killed, although the Hamoodur Rahman Commission, an official Pakistan Government investigation, put the figure as low as 26,000 civilian casualties.^[4] The international media and reference books in English have also published figures which vary greatly from 200,000 to 3,000,000 for Bangladesh as a whole, with 300,000 to 500,000 being a figure quoted by news outlets such as the BBC for the estimated death toll as counted by independent researchers.^[5] As a result of the conflict, a further eight to ten million people fled the country at the time to seek refuge in neighboring India.^[6]

Many of those killed were the victims of militias who fought with the West Pakistan Army: Razakars, Al-Shams and Al-Badr forces,^[7] at the instruction of the Pakistani Army.^[8] There are many mass graves in Bangladesh, and more are continually being discovered (such as one in an old well near a mosque in Dhaka, located in the non-Bengali region of the city, which was discovered in August 1999).^[9] The first night of war on Bengalis, which is documented in telegrams from the American Consulate in Dhaka to the United States State Department, saw indiscriminate killings of students of Dhaka University and other civilians.^[10]

Some women were raped, tortured and killed during the war. The exact numbers are not known and are a subject of debate with some sources quoting figures as high as 400,000. One particular revelation concerns 563 young Bengali women, some only 18, who were held captive inside Dhaka's dingy military cantonment since the first days of the fighting. They were seized from Dhaka University and private homes and forced into military brothels, with some of the women carrying war babies being released.^[11]

There was significant sectarian violence not only perpetrated by the West Pakistani army,^[1] but also by Bengali nationalists against non-Bengali minorities, especially Biharis.^[12]

On 16 December 2002, the George Washington University's National Security Archive published a collection of declassified documents, consisting mostly of communications between US embassy officials and USIS centers in Dhaka and India, and officials in Washington DC.^[13] These documents show that US officials working in diplomatic institutions within Bangladesh used the terms selective genocide^[14][15] and genocide (see The Blood Telegram) to describe events they had knowledge of at the time. The complete chronology of events as reported to the Nixon administration can be found on the Department of State website.^[16]

Every major publication and newspaper in Bangladesh and some international publications on genocide and human rights abuses use the term genocide to describe the event.^{[17][18][19][20][21]}

Matthew J. White, in his 2012 book The Great Big Book of Horrible Things, estimates the total death toll of the Bengali genocide at 1.5 million. He ranks the Bengali genocide as the third worst genocide of the 20th century, after the The Holocaust (the Jewish genocide), for which he gives an estimate of 5.5 million, and the Holodomor (the Ukrainian genocide), for which he gives an estimate of 4.2 million.^[22]

Operation Searchlight

Operation Searchlight was a planned military operation carried out by the Pakistan Army to curb elements of the separatist Bengali nationalist movement in erstwhile East Pakistan in March 1971.^[23] Ordered by the government in West Pakistan, this was seen as the sequel to Operation Blitz which had been launched in November 1970.

The original plan envisioned taking control of the major cities on 26 March 1971, and then eliminating all opposition, political or military,^[24] within one month. The prolonged Bengali resistance was not anticipated by Pakistani planners.^[25] The main phase of Operation Searchlight ended with the fall of the last major town in Bengali hands in mid May.

Casualties

The number of civilians that died in the Bangladesh War is not accurately known. There is a great disparity in the casualty figures put forth by Pakistan on one hand (25,000, as reported in the Hamoodur Rahman Commission^[26]) and India and Bangladesh on the other hand. (From 1972 to 1975 the first post-war prime minister of Bangladesh, Sheikh Mujibur Rahman, claimed on several occasions that at least three million died).^[27] The international media and reference books in English have also published figures which vary greatly: varying from 5,000–35,000 in Dhaka, and 200,000–3,000,000 for Bangladesh as a whole.Virtual Bangladesh: History: The Bangali Genocide, 1971</ref>^[28] It is believed in certain quarters that the figure of three million has its origins in comments made by Yahya Khan to the journalist Robert Payne on 22 February 1971: "Kill three million of them, and the rest will eat out of our hands."^[29][30]

In October 1997 R. J. Rummel published a book, which is available on the web, titled Statistics of Democide: Genocide and Mass Murder Since 1900. In Chapter 8, Statistics Of Pakistan's Democide - Estimates, Calculations, And Sources, he states:

Rummel goes on to collate what he considers the most credible estimates published by others into what he calls democide. He writes that "Consolidating both ranges, I give a final estimate of Pakistan's democide to be 300,000 to 3,000,000, or a prudent 1,500,000."

The Office of the Historian of the United States Department of State held a two-day conference in late June 2005 on U.S. policy in South Asia between 1961 and 1972.^[32] According to a newspaper report published in both Pakistani and Bangladeshi newspapers, Bangladeshi speakers at the conference stated that the official Bangladeshi figure of civilian deaths was close to 300,000, which was wrongly translated from Bengali into English as three million. Ambassador Shamsher M. Chowdhury acknowledged that Bangladesh alone cannot correct this mistake and suggested that Pakistan and Bangladesh should form a joint commission to investigate the 1971 disaster and prepare a report.^[33]

Killing of intellectuals

Rayerbazar killing field photographed immediately after the war, showing dead bodies of intellectuals who were demanding a separate, autonomous state from Pakistan (Image courtesy: Rashid Talukdar, 1971)

During the war, the Pakistan Army and its local collaborators carried out a systematic execution of the leading Bengali intellectuals. A number of professors from Dhaka University were killed during the first few days of the war.^[2][34] However, the most extreme cases of targeted killing of intellectuals took place during the last few days of the war. Professors, journalists, doctors, artists, engineers, writers were rounded up by Pakistan Army and the Razakar militia in Dhaka, blindfolded, taken to torture cells in Mirpur, Mohammadpur, Nakhalpara, Rajarbagh and other locations in different sections of the city to be executed en masse , most notably at Rayerbazar and Mirpur.^{[35][36][37][38]} Allegedly, the Pakistani Army and its paramilitary arm, the Al-Badr and Al-Shams forces created a list of doctors, teachers, poets, and scholars.^[39][40]

During the nine month duration of the war, the Pakistani army, with the assistance of local collaborators systematically executed an estimated 991 teachers, 13 journalists, 49 physicians, 42 lawyers, and 16 writers, artists and engineers.^[37] Even after the official ending of the war on 16 December there were reports of firing from the armed Pakistani soldiers or their collaborators. In one such incident, notable film-maker Jahir Raihan was killed on January 30, 1972 in Mirpur allegedly by the armed Beharis. In memory of the persons killed, December 14 is mourned in Bangladesh as Shaheed Buddhijibi Dibosh ("Day of the Martyred Intellectuals").^[8][41][42]

Several noted intellectuals who were killed from the time period of 25 March to 16 December 1971 in different parts of the country include Dhaka University professors Dr. Govinda Chandra Dev (Philosophy), Dr. Munier Chowdhury (Bengali Literature), Dr. Mufazzal Haider Chaudhury (Bengali Literature), Dr. Anwar Pasha (Bengali Literature), Dr M Abul Khair (History), Dr. Jyotirmoy Guhathakurta (English Literature), Humayun Kabir (English Literature), Rashidul Hasan (English Literature) and Saidul Hassan (Physics), as well Dr. Hobibur Rahman (Professor of Mathematics at Rajshahi University), Dr. Mohammed Fazle Rabbee (Cardiologist), Dr. Alim Chowdhury (Ophthalmologist), Shahidullah Kaiser (Journalist), Nizamuddin Ahmed (Journalist),^[43] Selina Parvin (Journalist), Altaf Mahmud (Lyricist and musician), Dhirendranath Datta (Politician), Ranadaprasad Saha (Philanthropist) and Ayman Zaman (Entrepreneur & Musician). Shaheed Mohammad Salimullah (philanthropist)Shaheed Salimullah had been killed in front of his house, the road near his house was named after him in Dhaka, Mohammadpur, the roads name "Shaheed Salimullah".

Violence against women

Numerous women were tortured, raped and killed during the war.^[44] Again, exact numbers are not known and are a subject of debate. Bangladeshi sources cite a figure of 200,000 women raped, giving birth to thousands of war-babies. The Pakistan Army also kept numerous Bengali women as sex-slaves inside the Dhaka Cantonment. Most of the girls were captured from Dhaka University and private homes.^[11]

Among other sources, Susan Brownmiller refers to an even higher number of over 400,000. Pakistani sources claim the number is much lower, though having not completely denied rape incidents.^[45][46][47] Brownmiller quotes:^[48]

Khadiga, thirteen years old, was interviewed by a photojournalist in Dacca. She was walking to school with four other girls when they were kidnapped by a gang of Pakistani soldiers. All five were put in a military brothel in Mohammedpur and held captive for six months until the end of the war.

The licentious attitude of the soldiers, although generally supported by the superiors, alarmed the regional high command of Pakistan army. On April 15, 1971, in a secret memorandum to the divisional commanders, Niazi complained,

Another work that has included direct experiences from the women raped is Ami Birangona Bolchhi ("I, the heroine, speak") by Nilima Ibrahim. The work includes in its name from the word Birangona (Heroine), given by Sheikh Mujibur Rahman after the war, to the raped and tortured women during the war. This was a conscious effort to alleviate any social stigma the women might face in the society. How successful this effort was is doubtful, though. In October 2005 Sarmila Bose (a Boston, Massachusetts born Harvard-educated Bengali Indian academic), published a paper suggesting that the casualties and rape allegations in the war have been greatly exaggerated for political purposes.^[50][51] A number of researchers have shown inaccuracies in the work, including flawed methodology of statistical analysis, misrepresentation of referenced sources, and disproportionate weight to Pakistan army testimonies. ^[52]

Violence against minorities

The minorities of Bangladesh, especially the Hindus, were specific targets of the Pakistan army.^[1][2] There was widespread killing of Hindu males, and rapes of women. Documented incidents in which Hindus were massacred in large numbers include the Chuknagar massacre, the Jathibhanga massacre, and the Shankharipara massacre.^[53] More than 60% of the Bengali refugees who fled to India were Hindus.^[54] It is not exactly known what percentage of the people killed by the Pakistan army were Hindus, but it is safe to say it was disproportionately high.^[55] This widespread violence against Hindus was motivated by a policy to purge East Pakistan of what was seen as Hindu and Indian influences. The West Pakistani rulers identified the Bengali culture with Hindu and Indian culture, and thought that the eradication of Hindus would remove such influences from the majority Muslims in East Pakistan.^[56] Buddhist temples and Buddhist monks were also attacked through the course of the year.^[57]

R.J. Rummel has stated states that

The genocide and gendercidal atrocities were also perpetrated by lower-ranking officers and ordinary soldiers. These “willing executioners” were fueled by an abiding anti-Bengali racism, especially against the Hindu minority. “Bengalis were often compared with monkeys and chickens. Said General Niazi, ‘It was a low lying land of low lying people.’ The Hindus among the Bengalis were as Jews to the Nazis: scum and vermin that [should] best be exterminated. As to the Moslem Bengalis, they were to live only on the sufferance of the soldiers: any infraction, any suspicion cast on them, any need for reprisal, could mean their death. And the soldiers were free to kill at will. The journalist Dan Coggin quoted one Pakistani captain as telling him, "We can kill anyone for anything. We are accountable to no one." This is the arrogance of Power.

—R.J. Rummel, Death by Government^[58]

Violence against alleged collaborators

In 1947, at the time of partition and the establishment of the state of Pakistan, Bihari Muslims, many of whom were fleeing the violence that took place during partition, migrated from India to the newly independent East Pakistan. These Urdu-speaking people held a disproportionate number in the new country's population. Biharis were adverse to the Bengali language movement and the subsequent nationalist movements as they maintained allegiance toward West Pakistani rulers, causing anti-Bihari sentiments among local nationalist Bengalis. Between December 1970 and March 1971, Bengali nationalists subjected non-Bengali minorities, especially Biharis, to systematic persecution. It is estimated that between 15,000 and 50,000 Biharis were killed during this period, and is believed by some that elements of the Mukti Bahini, with active support from the BDR and intelligence, either led or failed to stop the violence against the Biharis.^[12] When the war broke out in 1971, the Biharis sided with the Pakistan army. Some of them joined Razakar and Al-Shams militia groups and participated in the persecution and genocide of their Bengali countrymen including the widespread looting of Bengali properties and abetting in other criminal activities against them.^[2]

There are many reports of massacres of Biharis and alleged collaborators that took place in the period following the surrender of the Pakistan Army on December 16, 1971.^[59] In an incident on December 19, 1971, captured on camera and attended by members of foreign press, Abdul Kader Siddiqui and Mukti Bahini guerrilas under his command bayoneted and shot to death a group of war prisoners accused of belonging to the Razakar paramilitary forces.^[60][61]

Genocide debate

Time reported a high U.S. official as saying "It is the most incredible, calculated thing since the days of the Nazis in Poland." ^[3] Genocide is the term that is used to describe the event in almost every major publication and newspaper in Bangladesh,^[17][62] and is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group" ^[63]

A 1972 report by the International Commission of Jurists (ICJ) noted that both sides in the conflict accused each other of perpetrating genocide. The report observed that it may be difficult to substantiate claims that 'whole of the military action and repressive measures taken by the Pakistan army and their auxiliary forces constituted genocide' intended to destroy the Bengali people in whole or in part by the Pakistan army, and that 'preventing a nation from attaining political autonomy does not constitute genocide: the intention must be to destroy in whole or in part the people as such'. The difficulty of proving intent was considered to be further complicated by the fact that three specific sections of the Bengali people were targeted in killings by the Pakistan army and their collaborators: members of the Awami League, students, and East Pakistan citizens of Hindu religion. The report observed, however, that there are is strong prima facie case that there were particular acts of genocide committed, especially towards the end of the war, where Bengalis were targeted indiscriminately. Similarly, it was felt that there is a strong prima facie face that crimes of genocide were committed against the Hindu population of East Pakistan.^[64]

As regards the massacres of non-Bengalis by Bengalis during and after the Liberation War, the ICJ report argued that it is improbable that 'spontaneous and frenzied mob violence against a particular section of the community from whom the mob senses danger and hostility is to be regarded as possessing the necessary element of conscious intent to constitute the crime of genocide', but that, if the dolus specialis were to be proved in particular cases, this would have constituted acts of genocide against non-Bengalis.^[65]

Many international publications on genocide and human rights abuses classify the atrocities of 1971 as an act of genocide by West Pakistan.^{[18][19][20][21][66]}

After the minimum 20 countries became parties to the Genocide Convention, it came into force as international law on 12 January 1951. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty, and it was not until after the last of the last five permanent members ratified the treaty in 1988, and the Cold War came to an end, that the international law on the crime of genocide began to be enforced. As such, the allegation that genocide took place during the Bangladesh Liberation War of 1971 was never investigated by an international tribunal set up under the auspices of the United Nations.

Although both Pakistan and its primary ally USA have denied genocide allegations,^[67] the word ‘genocide’ was and is used frequently amongst observers and scholars of the events that transpired during the 1971 war.^[31][68] It is also used in some publications outside the subcontinent; for example, The Guinness Book of Records lists the Bengali atrocities as one of the top 5 genocides in the 20th century.^[66]

On 16 December 2002, the George Washington University’s National Security Archives published a collection of declassified documents, mostly consisting of communications between US officials working in embassies and USIS centers in Dhaka and in India, and officials in Washington DC.^[69] These documents show that US officials working in diplomatic institutions within Bangladesh used the terms ‘selective genocide’^[14] and ‘genocide’ (Blood telegram) to describe events they had knowledge of at the time. They also show that President Nixon, advised by Henry Kissinger, decided to downplay this secret internal advice, because he wanted to protect the interests of Pakistan as he was apprehensive of India's friendship with the USSR, and he was seeking a closer relationship with China, who supported Pakistan.^[70]

In his book The Trial of Henry Kissinger, Christopher Hitchens elaborates on what he saw as the efforts of Kissinger to subvert the aspirations of independence on the part of the Bengalis. Hitchens not only claims that the term genocide is appropriate to describe the results of the struggle, but also points to the efforts of Henry Kissinger in undermining others who condemned the then ongoing atrocities as being a genocide.^[71]

However according to Sarmila Bose, a senior research fellow at Oxford University, many Bangladeshi civilians themselves took part in the atrocities and Pakistani troops did not act alone her book has proved highly controversial within India and Bangladesh as the popular narrative she states within these countries is that Bangladeshi nationalists won independence in 1971 from Pakistan. She also stated that the death toll was highly inflated.^[72]

War trial attempts

Immediately after the war, the topic of putting the war criminals to trial arose. Just as the war ended, Bangladeshi prime minister Tajuddin Ahmed admitted to Professor Anisuzzaman that the trial of the alleged Pakistani military personnel may not be possible because of pressures from the U.S., and that neither India nor the Soviet Union were interested in seeing a trial.^{[citation needed]} As early as December 22, 1971, the Indian Army was conducting investigations of senior Pakistani Army officers connected to the massacre of intellectuals in Dhaka, with the aim of collecting sufficient evidence to have them tried as war criminals. They produced a list of officers who were in positions of command at the time, or were connected to the Inter-Services Screening Committee.^[73]

On December 24, 1971 Home minister of Bangladesh A. H. M. Qamaruzzaman said, "war criminals will not survive from the hands of law. Pakistani military personnel who were involved with killing and raping have to face tribunal." In a joint statement after a meeting between Sheikh Mujib and Indira Gandhi, the Indian government assured that it would give all necessary assistance for bringing war criminals into justice. In February 1972, the government of Bangladesh announced plans to put 100 senior Pakistani officers and officials on trial for crimes of genocide. The list included General A. K. Niazi and four other generals.^[74] After the war, the Indian Army held 92,000 Pakistani prisoners of war,^[75] and 195 of those were suspected of committing war crimes. All 195 of them were released in April 1974 following the tripartite Simla agreement between Bangladesh, Pakistan and India, and repatriated to Pakistan, in return for Pakistan's recognition of Bangladesh.^[76] Furthermore, there was no obligation on Pakistan to carry out investigations of allegations against the suspects, or to provide reparation to Bangladesh.

On July 30, 2009, the Minister of Law, Justice and Parliamentary Affairs of Bangladesh stated that no Pakistanis would be tried under the International Crimes (Tribunals) Act 1973.^[77] This decision has drawn criticism by international jurists, as it effectively gives immunity to the army commanders of the Pakistan Army who are generally considered to be ultimately responsible for the majority of crimes of 1971.^[77]

Trials of collaborators

The Bangladesh Collaborators (Special Tribunals) Order 1972 was promulgated to bring to trial those Bangladeshis who collaborated with and aided the Pakistan Armed forces during the Liberation War of 1971.^[78] There are conflicting accounts of the number of persons brought to trial under the 1972 Collaborators Order, ranging between 10,000 and 40,000.^[79] At the time, the trials were considered problematic by local and external observers, as they appear to have been used for carrying out political vendettas. R. MacLennan, a British MP who was an observer at the trials stated that 'In the dock, the defendants are scarcely more pitiable than the succession of confused prosecution witnesses driven (by the 88-year old defence counsel) to admit that they, too, served the Pakistan government but are now ready to swear blind that their real loyalty was to the government of Bangladesh in exile.'^[80]

The government of Bangladesh issued a general amnesty on November 30, 1973, applying to all persons except those who were punished or accused of rape, murder, attempt of murder or arson.^[79] The Collaborators Order 1972 was revoked in 1975.

The International Crimes (Tribunals) Act 1973 was promulgated to prosecute any persons, irrespective of nationality, accused of committing crimes against peace, crimes against humanity, war crimes, ‘‘violations of any humanitarian rules applicable in armed conflicts laid out in the Geneva Conventions of 1949’’ and ‘‘any other crimes under international law’’.^[81] Detainees held under the 1972 Collaborators order who were not released by the general amnesty of 1973 were going to be tried under this Act. However, no trials were actually held, and all activities related to the Act ceased after the assassination of Sheikh Mujibur Rahman in 1975.

There are no known instances of criminal investigations or trials outside of Bangladesh of alleged perpetrators of war crimes during the 1971 war. Initial steps were taken by the Metropolitan Police to investigate individuals resident in the United Kingdom who were alleged to have committed war crimes in a Channel 4 documentary film aired in 1995. To date, no charges have been brought against these individuals.^[82]

On December 29, 1991 Ghulam Azam, who was accused of being a collaborator with Pakistan during 1971, became the Chairman or Ameer of the political party Jamaat-e-Islami of Bangladesh, which caused controversy. This prompted the creation of a 'National Committee for Resisting the Killers and Collaborators of 1971', after a proposal of writer and political activist Jahanara Imam. A mock people's court was formed which on March 26, 1992, found Ghulam Azam guilty in a mock trial and sentenced him to death.

A case was filed in the Federal Court of Australia on September 20, 2006 for alleged crimes of genocide, war crimes and crimes against humanity during 1971 by the Pakistani Armed Forces and its collaborators. Raymond Solaiman & Associates acting for the plaintiff Mr. Solaiman, have released a press statement which among other things says:^[83]

On May 21, 2007, at the request of the applicant "Leave is granted to the applicant to discontinue his application filed on September 20, 2006." (FILE NO: (P)SYG2672/2006)^[84]

In March 2010, the International Crimes Tribunal (ICT) was formed in Bangladesh to hold trials of Bangladeshi citizens accused of involvement in crimes against humanity, including genocide, rape, murder and arson during the 1971 Liberation war. The ICT, despite its name, is of local nature and has had no involvement from the United Nations. It has been criticised by the Human Rights Watch ^[85] and prominent Western jurists for bias and deficient legal provisions.^[86]

Charge such as planning to commit crime, murder and torture have been framed against eight members, including former leader Ghulam Azam, of Jamaat-e-Islami party. Three of these have been indicted. The members have termed the charges as political.^[87]

See also

• Jinjira massacre

Further reading

• Genocide in Bangladesh, 1971, A Gendercide Watch case study
• Khan, Muazzam Hussain (2003), "Killing of Intellectuals", Banglapedia, Asiatic Society of Bangladesh
• Shaiduzzaman (December 14, 2005), "Martyred intellectuals: martyred history", The Daily New Age, Bangladesh
• Pakistan Genocide in Bangladesh - Estimates, Sources, and Calculations
• The 1971 Genocide in Pakistan - A Realist Perspective
• 1971 Bangladesh Genocide Archive - An online archive of chronology of events, documentations, audio, video, images, media reports and eyewitness accounts of the 1971 Genocide in Bangladesh.
• warcrimetrialwatch The proceedings of the warcrime trials in Bangladesh.

References

• Pierre, Stephen and Robert Payne (1973), Massacre, New York: Macmillan, ISBN 0-02-595240-4
• Brownmiller, Susan, Against Our Will: Men, Women, and Rape, ISBN 0-449-90820-8
• Ibrahim, Nilima, Ami Virangana Bolchhi (I, the Heroine, Speak)
• Hitchens, Christopher (2001), The Trials of Henry Kissinger, Verso, ISBN 1-85984-631-9
• NBC news about Pakistan Army atrocities in Bangladeash^[88]

Notes