The Tripartite Agreement 1974

The 195 officers of the Pakistani army are morally and legally responsible for the 1971 genocide, and Bangladesh has the moral and legal rights to bring them to justice. Pakistan`s apology for the 1974 agreement gives it no time frame. This is the latest in our series that revealed Pakistan`s moral hypocrisy and double language on war crimes committed by its army in Bangladesh in 1971. A. Dirk Moses, War Crimes/Genocide Trials for Pakistani Soldiers in Bangladesh, 1971-1974, the United Nations, Humanitarianism and Human Rights, 2010. Howard S. Levie, “The Indo-Pakistani Agreement of August 28, 1973” The American Journal of International Law, Vol. The 195 Pakistani soldiers against whom Bangladesh had gathered concrete evidence of genocide can still be charged at the International Criminal Court in The Hague, regardless of what was mentioned in the 1974 Delhi Agreement, which states that Pakistan acquitted these criminals of prosecution. Although the agreement called for the repatriation of Russian-speaking biharis to Bangladesh, the Pakistani government withdrew its promise to relocate the Community to Pakistan. [6] This led to the stateless Pakistani community stranded in Bangladesh.

After the surrender of the Pakistani army, nearly 93,000 Pakistani soldiers and civilians were transferred to India as prisoners of war. On 21 December 1971, the UN Security Council adopted a resolution calling on the parties to respect the Geneva Convention and not to bind conditions to the repatriation of prisoners of war. Article 118 of the Geneva Convention (1949) stipulates that prisoners of war must be repatriated immediately after the end of hostilities. It also provides that the authorities are required to draw up a repatriation plan. India stated that the Pakistani army had surrendered to the joint command of India and Bangladesh and that it was therefore not India`s jurisdiction to recover the prisoners of war themselves. On the other hand, Sheikh Mujib-your-Rahman had stated that he would not participate in any bilateral or trilateral meetings unless Bangladesh had been recognized by Pakistan. On 28 August 1973, India and Pakistan signed an agreement in Delhi for the repatriation of 93,000 civilian and military prisoners to Pakistan. Bengalis in Pakistan should be repatriated to Bangladesh. Mujib your Rahman clung to his request to try 195 war criminals. Bhutto insisted that Pakistan would not recognize Bangladesh until all prisoners of war were released.

Pakistan`s recognition of Bangladesh in February 1974 led to a rapprochement between the two countries. A tripartite agreement between India-Pakistan-Bangladesh, signed in April 1974, resolved all contentious issues related to the 1971 war and also paved the way for the return of 195 war criminals. The last group of prisoners of war reached Lahore in April 1974. Repatriation was an important step at the height of the reconciliation between Bangladesh and Pakistan. The two countries began diplomatic relations in 1974. In Bangladesh, many repatriated officials have been reported. Judge Abdus Sattar, Bangladesh`s 9th President, was a remarkable example. Many repatriated military personnel served in the leadership of Bangladesh`s armed forces, including Rear Admiral Mahbub Ali Khan and Lieutenant-General Muhammad Mahbubur Rahman. The Delhi Agreement was a trilateral agreement signed on 28 August 1973 between India, Pakistan and Bangladesh.

and only ratified by India and Pakistan. [1] It allowed the repatriation of prisoners of war and interned officials held in the three countries after Bangladesh`s war of liberation in 1971. The agreement was criticized because Pakistan did not repatriate Urdu spokesmen to Bangladesh and failed to bring to justice 195 high-ranking military personnel accused of being admitted to the war. [2] Bangladesh therefore has every right to refer the case to the International Court of Justice and to demand a trial of Pakistani soldiers who have committed all kinds of war crimes, including genocide, rape and looting.

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