War of 1971 was fought between two states, says ICT verdict

The International Crimes Tribunal has described the 1971 conflict as a war between the states of Bangladesh and Pakistan, even though some see it as a 'civil war' within Pakistan.

Prosecutor Tureen Afroz described the characterisation by the three-member tribunal headed by Justice Anwarul Haque as another 'milestone'.

The ICT made this observation while commenting on civilians' right to security at the time of the war.

In its verdict in the trial of five Kishoreganj Razakars, the ICT said the Pakistani armed forces occupying Bangladesh and their collaborating militias had targeted the civilian population within Bangladesh territory and unleashed a savage and brutal attack on them. They thus got involved in an inter-state war or armed conflict.

"Were those acts compatible with the notion of ‘protection of civilians’ in (a country’s) own territory during an armed conflict or intra-state war or conflict as contained in the Geneva Convention or international humanitarian law or Laws of War? The answer is absolutely ‘NO’," the verdict said.

Tureen Afroz said: "In several places in the verdict, the judges have said it was an armed conflict between two states, a war between countries. So, those who claim it was a country's internal affair will not be able to do so any more.  

"We are the first country to have earned international recognition on the basis of right to self-determination. The verdict records this bright history of ours."

The concluding portion of the verdict says the preamble to the Constitution categorically states that Bangladesh had declared independence on Mar 26, 1971, establishing through a historic armed struggle the independent and sovereign people's democracy of Bangladesh.

Bangabandhu Sheikh Mujibur Rahman, the undisputed leader of the Bengalees, declared independence immediately after the Pakistani army began its orgy of violence on Mar 25, 1971.

The government of independent Bangladesh was formed the next month. The first government, known as the historic Mujibnagar government, took oath at a place called Meherpur.

The nine-month war was directed by this first government, which later shifted base to Kolkata.

The Pakistanis have all along tried to portray Bangladesh's Liberation War as an internal conflict, while some in India see it as part of an Indo-Pak war.

The establishment of a sovereign and people's democratic republic of Bangladesh was officially announced on Apr 10, 1971. Bangabandhu Sheikh Mujibur Rahman was declared the republic's president and Syed Nazrul Islam the vice president till the adoption of a constitution.

Besides them, Tajuddin Ahmad was made the prime minister of the transition government, Khondaker Mostaq Ahmed the foreign minister, Capt Mohammad Mansur Ali the finance minister and AHM Qamaruzzaman the home, and relief and rehabilitation minister.

General Ataul Gani Osmani was appointed the commander-in-chief of the transition government's Muktibahini and Major General Abdur Rob the chief of army staff.

On Apr 11, All India Radio or Akashbani broadcast Tajuddin's speech as that of the prime minister of Bangladesh.