Crime, Punishment and Historic Non-Apologies
TWO outstanding issues dominate the horizon of post-war Bangladesh: the lingering memory of morbid war crimes, and the provocative question of a convincing apology from the aggressors. On the matter of war crimes, at least those committed by errant Bangalis, it is within the jurisdiction of the laws of the country, and within the reach and scope of the Government of Bangladesh, to institute legal proceedings without any further or secondary consideration. Unlike the international war on terror, these are Bangladeshi citizens, on Bangladeshi soil, answerable to Bangladeshi law. This law, covering war crimes committed on Bangladesh territory, during the war of liberation, was enacted by Act of Parliament, as far back as 1973. There is no question of torture or coercion, and absolutely no need for the bizarre and brazenly illegal practice of rendition.
All the excuses for procrastination are exhausted, and the only dialogue that can now ensue, should be regarding the legal framework and administrative structure of the tribunals. The infrastructure required for conducting tenable trials of alleged war criminals by a competent authority, is a vast undertaking. There is a great deal of laborious detailed leg work involved, and who should bear the responsibility for this arduous task is of the utmost importance. Witnesses need to be protected and accounts verified meticulously. For this purpose, an independent war crime commission is imperative, with assured and adequate protection from political intimidation by revisionists or antagonists alike. This will require the financial and structural assistance, and if necessary, the active participation of appropriate international bodies such as the United Nations.
On the other hand, Bangladesh may decide to deal with it as a purely domestic issue, ruling out any external influence or intervention. In any event, absolute impartiality, responsible reliability, and strict adherence to due process, are essential in establishing credibility. Unlike the mock trials of America's civilian detainees by military courts in camera, every precaution should be taken to maintain transparency and the highest standards of legal procedure. Bangladesh has nothing to hide. Let this be the last chapter, a sad but just epilogue to the story of freedom, in a corner of South Asia.
The nation has waited a generation to witness the trial of the killers of the Father of the Nation. Some may protest that title, but whatever you call him, it was nevertheless a murder. Some will say, it was for the greater good, but it was still a murder. Some will contend, he brought it on himself, but it will always remain a brutal killing. The proclamation of any number of Indemnity Ordinances, citing all the laws and all the statutes trumped up by all the unconstitutional parliaments, will not wash away the blood. This capital crime, unpunished for so long, not even acknowledged as a crime for so long, was the genesis of the jealously guarded convention of guaranteed impunity. That practice persists to this day, emboldening every common criminal affiliated to political bodies with blanket protection, and elevating ordinary hoodlums to the level of gangster-laureate to the government. After this, no crime could conscionably be punished.
The nation cannot wait another generation or two, until such time as no witnesses are left, to recount firsthand, the atrocities of '71, in order simply to muster the political will, to legally purge Bangali society of the "infidels" of Bangali nationhood. Some have long fled to foreign shores, where they have sought the protection of their host country. The repatriation of wanted criminals by third world countries like Bangladesh, are generally denied or at best frowned upon, on the grounds of lack of extradition treaties, or our alleged barbaric human rights record. But a blind eye is invariably turned to the bold abduction, and inevitable execution of fugitive Nazis, by Israel, and prosecution in Israeli courts are generally accepted as legal and justifiable, even though the state of Israel did not even exist, at the time these crimes were committed.
For the full version of this article please read this month's Forum, available free with The Daily Star on December 7.
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