This article is published by Ezidi Times to shed light on historical atrocities experienced by other peoples, connecting audiences who share the trauma of genocide and systematic persecution. By presenting academic perspectives on the Bangladesh Genocide, we aim to encourage understanding, remembrance, and reflection among our readers.
Disclaimer: This text is written by Rabita Rejwana, an academic in Public International Law from Bangladesh. The views expressed are solely those of the author and do not represent the opinions of Ezidis, Ezidi Times, or its affiliates.
Recognition of Bangladesh Genocide: Assessing Through the Lenses of International Criminal Law
Author: Rabita Rejwana
Introduction
Bangladesh is a country in South-East Asia that gained independence on 16 December 1971 through a liberation war. The Indian subcontinent was decolonized from Britain in 1947 and divided into two states, India and Pakistan, on the basis of the two-nation theory. Bangladesh, then East Bengal, became a part of Pakistan and was named East Pakistan.
Though Pakistan was founded in the name of Islam, there were more than 15 million Hindus, almost all residing in East Pakistan, and the most widely spoken language was Bengali. East Pakistan was separated by approximately two thousand kilometers from West Pakistan.
Even the leaders of East Pakistan initially agreed with the two-nation theory due to perceived discrimination of minority Muslims in India, but this did not work in practice. East Pakistan faced racial discrimination in terms of budget allocation, development, political opportunities, and jobs. Following partition, several movements emerged: the language movement (1952), the Six Points demand (1966), mass uprising (1969), and the non-cooperation movement (1–25 March 1971).
In response to the non-violent non-cooperation movement, the military government attacked civilians at midnight on 25 March 1971 in Dhaka. People were initially unprepared for such violence but ultimately gathered for self-defense, fighting a guerrilla war against a trained and well-equipped military force. This has been called a people’s war, as individuals from all sectors participated.
During the nine-month terror, terminated by India’s two-week armed intervention, approximately three million people lost their lives, ten million fled to India, and 200,000–400,000 women were raped. All elements of genocide were present, yet the events never received recognition from the United Nations or other international platforms. Bangladesh has adjudicated some domestic war criminals, but the Pakistani violence remains unrecognized internationally. This essay assesses the nature of the 1971 genocide through the standards of international criminal law and explores avenues for recognition.
The Historical Background
East Pakistanis differed from West Pakistanis in ethnicity, culture, and language, in addition to religion. Immediately after Pakistan’s independence in 1947, Urdu was imposed as the state language despite Bengalis being the majority. This sparked the language movement, during which several protestors were killed on 21 February 1952. The government eventually accepted Bangla as a state language in 1956.
Cultural aggression was also evident. The works of Rabindranath Tagore were banned from radio and television. West Pakistani rulers often labeled Bengali language, literature, and culture as insufficiently Islamic. Women wearing saris or using flowers and teep were criticized as resembling Hindu women. Officials insulted Bengalis, accusing them of not following Islamic practices properly, provoking resistance from Bengali leaders.
Economic disparity was significant: East Pakistan produced most of the jute, Pakistan’s main export, yet most investments went to West Pakistan. Per capita income in the East lagged far behind the West. Sheikh Mujibur Rahman responded with the Six Points demand in 1966, seeking greater autonomy and self-sufficiency for East Pakistan. The points were rejected, and after a mass movement against General Ayub Khan, General Yahya Khan became the military dictator.
A devastating cyclone in 1970 further exposed the neglect of East Pakistan by the central government. In the first free national elections, the Awami League won a majority, yet the scheduled parliamentary session was postponed. This led to a non-violent non-cooperation movement supported by civil and military offices. Despite minimal initial violence, tensions escalated as West Pakistan deployed troops to East Pakistan.
On 25 March 1971, General Yahya launched Operation Searchlight, a massive military strike. Hundreds of citizens were killed, property destroyed, and Awami League leader Sheikh Mujibur Rahman arrested. Mujibur Rahman declared independence at 12:30 am on 26 March 1971 before his arrest.
The Bangladesh Genocide
The genocide was executed in three phases by the Pakistani military:
- Operation Searchlight (March–May 1971): Sudden military attacks killed unarmed students and civilians, primarily from the Hindu community, in Dhaka.
- Search and Destroy (May–October 1971): Armed attacks in rural areas killed civilians and included looting, arson, abduction, and sexual violence.
- Scorched Earth (December 1971): Targeted abduction and murder of academics and professionals to create an intellectual vacuum.
Key Numbers:
- 3 million: Estimated number of Bengalis killed
- 100,000–200,000: Killed in Operation Searchlight
- 200,000–400,000: Women raped
- 170,000: Approximate number of abortions by raped women
- 5,000: War babies born and mostly adopted abroad
- 10 million: Refugees fled to India
- 30–40 million: Internally displaced
- 1,000: Intellectuals and professionals killed
Filmmaker Zahir Raihan documented the genocide in Stop Genocide, capturing killings, sexual violence, and the refugee crisis.
Assessing the Bangladesh Genocide
The International Commission of Jurists reported in 1972 that both sides violated international law, but the majority of violations were committed by the Pakistani army and its collaborators. Pakistan established a judicial commission of inquiry, but its main report remained classified, and many claims suggest parts were destroyed. Despite partial publication, the commission confirmed the responsibility of Pakistan’s top military leaders.
Under the Genocide Convention:
Genocide is defined as acts committed with intent to destroy a national, ethnical, racial, or religious group. Bengalis, particularly Hindus and intellectuals, were deliberately targeted through killing, rape, abduction, and torture. The Pakistani regime sought to erase Bengali identity and prevent future self-sufficiency.
According to international tribunals:
The ICTR in Rwanda set a precedent for recognizing rape and sexual violence as constitutive of genocide. Similarly, the systematic sexual violence during the Bangladesh war aligns with international criminal law standards for genocide.
Adjudication of Domestic War Criminals in Bangladesh
Bangladesh created the International Crimes (Tribunals) Act in 1973 to prosecute collaborators. Trials were conducted, but after political upheavals, including the assassination of Sheikh Mujibur Rahman in 1975, proceedings stopped. Later, tribunals were re-established to prosecute remaining war criminals. The ICT-BD has convicted the majority of accused in domestic trials, but Pakistani military perpetrators remain beyond its jurisdiction.
Recognition from the United Nations
Despite overwhelming evidence, the international community largely ignored the atrocities committed by Pakistan. India, which intervened militarily, detained war criminals, but Pakistan objected to their trial in Bangladesh. Political agreements between India and Pakistan delayed justice, while Bangladesh sought recognition and international support for accountability.
Conclusion
The Bangladesh genocide is stated as a forgotten one because of failing to get global recognition. The Genocide Convention had been ratified by Pakistan, where genocide is declared to be a crime under international law. As the Convention was ratified by Pakistan, genocide became a crime under international law applicable to all persons resident within Pakistan. The Genocide Convention provides expressly in Article 4 that persons committing genocide shall be punished, whether they are constitutionally recognizable rulers, public officials, or individuals. Any sort of trial or legal proceedings is not possible without recognizing the genocide. There was common intention to kill Bengali Hindus, progressive Bengalis, and rape was used as a weapon of war. At the end of the war, it has been seen that intellectuals were targeted and murdered so that Bengalis can never become self-efficient. Under the lenses of international criminal law, genocide happened in the 1971 war in present Bangladesh.
About the Author
Rabita Rejwana is a scholar of Public International Law from Bangladesh, where she has worked as an academic. Her research focuses on Public International Law and Human Rights.
