Genocidal rape should be part of genocide

Eminent jurist Dr Kamal Hossain yesterday underscored the need for incorporating genocidal rape in the definition of genocide to try the war criminals of 1971. 

After addressing the inaugural session of an international conference, he also told reporters that the war crimes trials should be completed within a specific time.

"Law should run its course everywhere. Those who will come under the law as war criminals must be tried. But there should be a directive on how many people will stand trial and how long this trial will go on because a nation has many things to do," he said.

"Of course the war criminals will be tried, and we are trying them despite much delay. We knew the reasons of this delay after the incident of 1975."

An author of the country's constitution, Dr Kamal said the trial had started, and it should end.

"Because it can't be our only goal to continue this trial…for next 100 years.  This can't be acceptable. It is necessary to move forward by taking everyone along after finishing this trial."

In a later session, war crimes researcher Shahriar Kabir demanded start of the trial of 195 Pakistani suspects.

The Centre for Genocide Studies organised the conference, "Genocide and Mass Violence: Theories, Traumas, Trials and Testimonies", at the senate building of Dhaka University.

Replying to a query about the trial of the accused Pakistani army officials, Dr Kamal said it was necessary to convince the Pakistani people that they were not responsible for what happened in 1971, but rather it was their army who committed war crimes and they should be tried.

"The young generations of Bangladesh and Pakistan are not part of the genocide.... So why will they take the responsibility?" he said.

Earlier, he gave a keynote presentation on "Genocide and Crimes against Humanity".

Shahriar Kabir said the 1974 tripartite agreement between Bangladesh, India and Pakistan was not ratified in Bangladesh's parliament despite constitutional obligation.

Moreover, the Pakistani government publicly promised to try the 195 war crimes suspects but they did not, he said. "So there is no legal bar to try the Pakistani war criminals."

Under the deal signed on April 9, 1974, Bangladesh had agreed not to proceed with the trial of 195 prisoners of war repatriated to Pakistan.

Shahriar said it was a "political agreement", and it did not have a legal basis.

He also observed that both prosecutors and judges of the war crimes trial had "failed to understand" the spirit of the International Crimes (Tribunals) Act, 1973 in adjudicating genocide charges brought against war criminals.

They tried to conduct the war crimes cases like they did under the CrPC, he said.

Earlier, ICT prosecutor Tureen Afroz said only 32 genocide charges out of 200 charges in 12 war crimes cases were brought against the war criminals.

Prosecutors have been able to prove 11 genocide charges, she added.

She opined that due to the failure in proving genocidal intent, producing witnesses, and supplying adequate evidence by the prosecution and changes in the legal characterisation of genocide into crimes against humanity by the tribunals, there had been a poor rate of convictions.