The Process Of War Crime Trial Kicks Off April 8, 2009



Gholam Azam, Saidi, Abbas Mannan, Sabur Khan








Process of war crime trial kicks off Apr 8

UN experts to visit shortly to assist in investigation

The process of trying war criminals is expected to begin on April 8 with the appointment of an investigation officer and a public prosecutor.
Meanwhile, Bangladesh has accepted a UN offer of sending a team of war crime experts to help Bangladesh try those who were involved in various war crimes during the Liberation War of 1971.
Law ministry officials said the group of UN specialists, having experience in dealing with war crimes that had occurred in different nations, might visit Dhaka shortly.
UN Resident Coordinator in Bangladesh Renata Lok Dessallien put forward the offer at a meeting with Law Minister Shafique Ahmed at his ministry. Home Minister Sahara Khatun was also present at the meeting.
"We have offered Bangladesh to bring here specialists, who deal with the war crime issues, so that the trial process of 1971 war criminals meets international standards," Renata told reporters after the meeting.
She said mistakes have been made in trials of war crimes earlier in many countries. "The experts will share their experiences here in Bangladesh to avoid the mistakes," she added terming the process very complex and delicate.
Renata reiterated the UN's cooperation in holding the trial but said the trial would be of Bangladesh's own, not the UN's.
State Minister for Law Quamrul Islam said steps have already been taken so that suspects of war crimes cannot flee the country. He would not say who are on the list of suspects.
An inter-ministerial meeting, scheduled for Wednesday at the home ministry, would discuss the probe and trial issues for the second time since March 25. The meeting may also appoint a public prosecutor.
Once an investigation officer is appointment, law ministry officials said a large team would be formed to initiate investigation into the genocide that took place during the Liberation War. The government has also passed a resolution in parliament paving the way for holding the trial.
"Appointment of an investigation officer is the first step towards kicking off the trial process," said State Minister for Law Quamrul Islam, adding that the investigation officer would be appointed in Wednesday's inter-ministerial meeting.
A similar meeting on March 25, however, failed to make any decision regarding the appointment of investigation officer and public prosecutor.
In reply to a question, the state minister said whatever risk is involved the government is committed to holding the trial since it is in Awami League's election manifesto and people gave the Awami League an overwhelming majority. It has become a national demand.



Collaborators and War Criminals
During the liberation war of 1971, Pakistani occupation army led by General Yahya Khan and his colleagues in collaboration with the anti liberation forces (Jamat, Muslim League, and other religious political parties) of Bangladesh killed a total of 3 million unarmed Bangalees, molested and raped about 450,000 Bangalee women and, on the eve of the independence, murdered hundreds of leading intellectuals to spiritually cripple the nation. A crime far exceeds, in its atrocity and inhumanity, the crimes of Hitler, Melosovitch, the nazis and the fascists.
The war criminals of Bangladesh liberation war were never tried and they have never apologized for their crimes to the nation:
1. Killing of 50,000 Bangalees in Dhaka on 25 and 26 March, 1971 under the military operation code named “operation searchlight”. and ruthless massacre of 3 million unarmed Bangalees over nine months of armed occupation by Pakistani military.
2. Senseless and wanton loots, rapes, arson and killings in Bangladeshi countryside during the course of the “sweeping operations” following the military crack down.
3. Preplanned killings of intellectuals and professionals like doctors, engineers, civil servants, students and social workers and burying them in mass graves over nine months occupation to spiritually cripple the Bangalees.
4. Rapes and molestation of 450,000 Bangalee women by the officers and soldiers of Pakistani occupation army as a deliberate act of revenge, retaliation and torture. Use of thousands of Bangalee women as sex slaves and comfort girls in military camps and bunkers by the members of all ranks of Pakistani occupation army.
5. Ethnic (Hindu) cleansing. Forced pregnancy of Hindu women and deliberate killing of Hindu males to exterminate Bangalee Hindus as a race.


What is a war crime?
Article 147 of the Fourth Geneva Convention defines war crimes as:



“Willful killing, torture or inhuman treatment, including… willfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile power, or willfully depriving a protected person of the rights of fair and regular trial, …taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.”
At the heart of the concept of war crimes is the idea that an individual can be held responsible for the actions of a country or that nation’s soldiers. Genocide, crimes against humanity, mistreatment of civilians or combatants during war can all fall under the category of war crimes. Genocide is the most severe of these crimes.
The body of laws that define a war crime are the Geneva Conventions and the statutes of the International Criminal Tribunal in The Hague (ICTY).


Forces Opposing Bangladesh Independence
Regular Army : 80 000 Rangers and Militia : 24 000 Civilian Forces : 24 000Razaker, Al-badar and Al-shams : 50 000 (estimated)
* Pakistan armed ForcesHeadquarter : Eastern CommandChief Martial Law Administrator : Lt. Gen. Tikka Khan (March 6 to August 1971)Lt. Gen. A. A. K Niazi (August to December 16, 1971)Adviser : Major General Rao Farman AliChief of Stuff : Brig. Bakar SiddiqiRegional Chief : Major General Nazir Hossain ShahMajor General S H AnsariMajor General Rahim Khan
Local Collaborators
Peace Committee:
Established : April 1971Convener : Khawza Khairuddin Organizers : Prof. Golam Azam, A. Q. M Shafiqul Islam,Moulana Syed Masum
Razaker forces
Established : May 1971 (Khulna)Ordinance : June 1971 Convener : Moulana A K M Yusuf Director : A S M Zahrul Huq
Al-Badar and Al-Shams
Members of Islamic chhattra sangha, student wing of Jamat-e-Islam party killer force of Pakistan Army, like the SS of Hitler.
Top Pakistani War Criminals:
* General Yahya Khan* Zulfikar Ali Bhutto* General Tikka Khan* General A.A.K. Niazi* Major General Rao Forman Ali*


Maj Gen Khadim Hussain Raja* Major General Ansari* Brig Manzoor Hussain Atif* Colonel Yakub Malik* Lt Colonel Shams-uz-Zaman* Major Mohd Abdullah Khan* Major Khurshid Omar* Captain Abdul Wahid

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