Published in the Forum (May 2010)
As soon as the trial of war criminals began, questions were raised from different quarters as to how and why the 195 Pakistani soldiers were released in 1974 without any trial. It has also been argued that those 195 Pakistanis were the main war criminals and their release questions the merit of the current trial process.1
This article investigates the news reports that were published in international media from December 16, 1971 to April 15, 1974 to understand how and why those 195 Pakistanis were accused and released. It also explores the avenues the post-1971 Bangladesh government pursued to put Pakistani and local war criminals on trial.
To remain true to the fact, the article mostly cites news reports and avoids opinion pieces. Also, to remain consistent, the article mainly cites the New York Times, though similar news was published in other newspapers.
Relocation of POWs to India
Saving the Pakistani soldiers from the resentment of the Bangladeshis, who endured the most horrific genocide of that time,2 became a major challenge once Pakistan’s defeat was imminent. Though it was argued that “given a few more months the Bangladesh guerrillas might well have won on their own,”3 India’s direct involvement not only reduced Bangladesh’s sufferings, but also came as a saviour for the failing Pakistanis. India being a signatory of the Geneva Convention had an obligation to treat the Pakistani POWs lawfully.
Hence, in the second week of December, Lt. Gen. A.A.K. Niazi sent a request to the Indian high command for ceasefire. On December 15, 1971 Gen. Sam Manekshaw, Indian chief of staff, rejected Niazi’s call and asked him to surrender by the next day. He however assured that safety of Pakistan’s military and para-military forces would be guaranteed.4 Read more of this post