Chapter – One
General Introduction
1.1 Introduction
The international humanitarian law instruments in national system it is neither possible to apply
the provisions of that instrument in national level nor to seek any cooperation from the
international community. Although Bangladesh ratified Geneva Conventions, two Protocols
relating to it and some other instruments compliance with those instruments are not found
satisfactory. In this backdrop, this paper envisaged to identify the obligations.
The role of international bodies, such as the ICRC, is to undertake activities to encourage and
induce governments to fulfill their responsibilities in accordance with the relevant international
standards; The Constitution of Bangladesh came into force on 16 December 1972 after a nine
month long liberation war that resulted into its independence. Human rights issue was in the
fore-front of the struggle. The country's respect for human rights and fundamental freedom
dates back from the Proclamation of Independence of 10th April 1971. Moreover, this is why
Bangladesh faces more significant challenges than other countries in establishing human rights.
The liberation war of 1971, wetalk about the bravery of our freedom fighters, the political moves
of our beloved politicians, theacts of foreign powers, and the unity of the people regardless their
economic or ssocial class. Butknown or the rarely talked issue is the miseries of the people who
went through a hell of journey, the horror of the war that touched every town, every village and e
ven every home. Thesacrifice of the Biragonas, the sacrifice of the families, who let their childre
n or the familymembers to join the freedom fighters are rarely talked.If we theoretically analyze t
he war of 1971,where Bangladesh came out as a free and sovereignstate, we may found lots of ev
idences which are directing that a mass and heinous level of crimetook place in this holy land, w
hich violated the human rights from its core and withoutconsidering the social or religious status
of the Bangladeshi people, they became the subject ofso many criminal activities.The criminal ac
ts which took place during 1971 had violated all the laws and customs.
ThePakistani military force and their auxiliary forces like AlBadr, AlShams and Razakars appear
edto be the executioners while they had added another chapter in the world history of genocide.
If we consider the methods and means of warfare from International Humanitarian Law, then we
may find a whole opposie scenario in Bangladesh as Pakistan military didn’t restrain them from
doing any of the international crimeswar crimes, crimes against peace and international law,geno
cide and crimes against humanity.And the ambit of crimes against humanity mainly includes; mu
rder, extermination, enslavement,deportation and other brutal acts committed against any civilian
population, before or during thewar or persecutions on political, racial or religious grounds in ex
ecution of or in connection withany crime, within the jurisdiction of the tribunal, whether or not i
n violation of the domestic lawof the country where perpetrated. And if we study the crimes agai
nst humanity of 1971, we will be able to get a picture of the war that took 1 million lives. Being
saturated with the spirit of the preamble to the UN charter and principle enshrined in the charter
of UN and the fundamental principles of state policy embodied in her constitution as regards
respect for the international law as well as the obligation it undertook to implement the same
in the national level, Bangladesh has become party to the four Geneva Convention, 1949 in
1972. On 27 March, 1972 Bangladesh declared to bound by the four Geneva Conventions of
August 12, 1949 by virtue of the previous ratification by the state of Islamic Republic of
Pakistan. This declaration of continuity made Bangladesh party to those conventions
retrospectively from 26 March, 1971, the date of Independence of Bangladesh. Bangladesh
ratified two Additional Protocols of 1977 in 1980 and some other documents in different time.
As IHL is applicable both in war time and peace time, its application in Bangladesh is unavoidable
in different time and situation. Recently trial of the persons who committed crimes at time of
liberation war has been taken by the government.
1.2 Background of the study :
For research, the implementation of international humanitarian law related to war is a significant
rules and regulations based and that state about the past history of liberation war of Bangladesh.
This topic is very important for research. Many findings can be brought here but no one has ever
studied in that way. There is a lot of research available today on this topic that needs a lot of study.
No one has researched this topic till date. So I am going to research this topic. I hope that my
research will be beneficial and will be useful for policy makers, researchers, government as well.
I hope it will be an enlightening part for many.
Pakistani military force had added another chapter in the world history of genocide. The methods
and means of warfare from International Humanitarian Law, find a whole different scenario in B
angladesh as Pakistan military didn’t restrain them fromdoing any of the international crimes,war
crimes, crimes against peace and international law,genocide and crimes against humanity.And th
e ambit of crimes against humanity mainly includes; murder, extermination, enslavement,deporta
tion and other brutal acts committed against any civilian population, before or during the war.
International humanitarian law, as the Jus in bello is currently described, is imbued with a
particular sense of its history. Sometimes, international lawyers locate international humanitarian
law in a long history of codes of warfare that straddle different times and cultures. At other points,
international lawyers might emphasize the contribution of Henry Dunant, who witnessed the Battle
of Solferino and was inspired to create the International Committee of the Red Cross (ICRC) and
instigate the tradition of the Geneva Conventions. These histories help to inform the current
understanding of the nature and purpose of international humanitarian law. In addition, The term
‘international humanitarian law’ refers to the current understanding of the ‘Jus in bello’ – the laws
concerning the conduct of warfare. The ICRC, which is considered to have a special relationship
with international humanitarian law as its guardian and promoter, describes it in the following
manner: “International humanitarian law is part of the body of international law that governs
relations between states. It aims to protect persons who are not or are no longer taking part in
hostilities, the sick and wounded, prisoners and civilians, and to define the rights and obligations
of the parties to a conflict in the conduct of hostilities.
So, the implementation of international humanitarian laws are not properly followed by Pakistani
military and they suppressed the civilians and many unjustly operations which beyond the
humanity and rights of people. But the ICRC carried out a humanitarian operation in Bangladesh
from 1971 to 1975 to alleviate the suffering of the victims of the conflict that had displaced
millions.
1.3 Research Question :
What are the major gaps were occurred during liberation war of Bangladesh and how IHL could
be resolved those gaps ?
1.4 Objective of the study
1.4.1 Main objective: The main objective of this study is find out the Implementation of
international humanitarian law during liberation war of Bangladesh.
1.4.2 Specific objectives: In order to achieve this objective this study is conducted on the basis
of some specific objectives. The specific objectives are as given below:
1. To review the situation of liberation war period of Bangladesh and in relation to
international humanitarian laws for prevention and maintain such rules.
2. To focus on the scenario of war International humanitarian law government making special
rules for safety.
3. To analysis those significant proportion of the people in Bangladesh had suffered or
experienced about the time of liberation war.
4. To concentrate on the present Conventions which and avoiding assembly, unnecessary
movement or any kind of public gathering during this situation.
5. To explore this study from previous conditions without IHL and after the member of ICRC.
6. Government of Bangladesh had a taken several preventive measures to Punish the War
criminals such as settling tribunals in domestic court for punishment and also become a
contracting parties to many treaties after liberation war.
1.5 Literature Review
The most prominent work regarding “The Liberation War of Bangladesh: Women and Narratives
of the War.pdf done by Steffi S.deb published by Jawaharlal university of India ; few of his works
have been cited in this study. A paper of 2020 titled, ‘the war injustices and inequalities which
will be scrutinized in this study for giving a clear focus on the liberation war in Bangladesh.
The 2016 article titled “protection of civilians in the international humanitarian law” to find out
the applicability of IHL prepared by Ahmed iskan saeed .This article has also a discussion about
the concept of the international humanitarian law.
The 2012 journal titled “Bangladesh: icrc honoured for helping victims of 1971 conflict published
by ICRC.and promoting greater understanding and implementation of international humanitarian
law and principles; and in assisting people who are adversely affected by tension or violence.
1.6 Research Methodology
International humanitarian law revolves around four Geneva Conventions, The U.N. General
Assembly and Security Council resolutions and practices adopted by different nations during last
two centuries have traced. For this purpose, I adopted the following methodology, which may was
deviated as per the original and secondary sources of material on the topic were available during
the research work. For conducting this research, I mainly use secondary data such as, various
books, newspapers, online journals, different journal articles, published research paper and
different blogs etc. No empirical method has been used to conduct this research paper other than
the doctrinal methods. Through this study, we will see the provisions; theories and the conceptual
framework that have been considered the historical background of the liberation war. The theories
and conceptual framework that has been used in this thesis paper are based on the role of IHL The
relevancy are used for the applications of IHL part. In my dissertation paper, I also discussed why
the implementation and relevance of IHL with deliberation.
1. The material available on International Humanitarian Law in various text books and documents
in Department of law library have been traced.
2. The record and reports of U.N. agencies, International Law Commission and ICRC have been
collected.
3. I have gone through the decisions of ICJ, International Criminal Tribunal and case law of the
Supreme Court and High Courts to understand the judicial trend courts and international tribunals.
4. I have studied various articles published in law journals.
5. The subject matter available on internet has been traced to find out the historical, technical and
academic material available there.
1.7 Scope and Limitations of the Study
Significance of Study
I had to do a lot of hard work while doing this research. I had to read various journals and books.
Apart from studying in the academy, I had to go to different libraries many times for research
work. In addition to the law books, many reference papers had to be consulted. I have neglected
no part of this research. Always able to complete the work legally according to the advice of my
respected sir through acquiring knowledge.
The main limitation of the study is the collection of data and information as most has some
limitations of this study which are:
• This paper is prepared on mostly on secondary databased.
• Time shortage is also another limitation of this study.
• Insufficient research scope in this part.
• Sufficient records, publications were not available.
• Another important limitation was that the data gathered could not be verified for accuracy.
1.8 Structure of the Study
The research contains Five different chapters preferred with the view to state the purpose of the
paper plainly and in an extensive manner.
The first chapter will be the preliminary chapter. This chapter will consist of background of the
study (literature review), research collection question, objectives of the study, scope & limitations
of the study, methodology structure of the thesis.
The second chapter will be discuss on the topic of IHL and its applicability. In this chapter, the
basic introduction of international humanitarian law and its applications, the four Geneva
conventions, two additional protocols and process of application during armed conflict with
conclusion are briefly discuss.
Chapter three will formulated about the history of liberation war and the relevance of IHL In this
chapter it will be shown that how the people’s Suffered during liberation war. And maintain of the
relevancy of IHL,applicability of IHL and instances of war as well role of IHL with conclusion
are illustrated.
Chapter Four will have discussion about the finding steps of the situation and this chapter
discussion on the point of implementation of international humanitarian laws roles are denoted on
this dissertation.
Chapter Five will be the final chapter titled as Recommendations & Conclusion and that will be
provide the finding and some possible recommendations which will be provided throughout the
dissertation.
1.9 Conclusion :
In this part of dissertation the international humanitarian laws implications are imposed in a proper
ways and noted the consequences of injustice during war that significantly created a movement for
convention. Whereby, IHL as an international organization operates the protection against
indiscriminate violence. And the whole objectives and relevance viewpoints are determined the
IHL importance on the grounds of protection of civilians and those protected person.
