 Following its election pledge, the ruling Awami League in Bangladesh has announced it will conduct a 'symbolic' trial for the 1971 war crimes by trying the leaders who had collaborated with the forces unleashing violence and massacring thousands of unarmed civilians during the country's freedom struggle. Talk of war crimes has always been a highly political and sensitive issue in Bangladesh. Everyone wants a war crimes trial but what those crimes are and who the criminals could be are two very pertinent questions that go begging for answers.
The general mood in Bangladesh over the government's announcement to begin a war crimes trial has been cynical. Many think it is political revenge and see a chance of judicial politics causing an imminent rift between the two largest political parties - BNP and AL and their allies, Bangladesh Jamaat-i-Islami and the leftist secular parties. The rivalry has been bitter and punctuated by protests, violence and murder. The government decision has added fuel to fire and is being seen as targeting only some of the major opposition leaders.
In 1973, Sheikh Mujibur Rahman, the first Prime Minister of Bangladesh identified a total of 195 war criminals after investigation. At that time the Awami League government also arrested more than 100,000 people on the allegation of assisting the Pakistani army to commit war crimes under the Bangladesh Collaborators (Special Tribunal Act, 1972). After investigation, charge sheets were submitted only against 2,848 people and criminal offence was proved only against 752 accused, who were punished for different terms of imprisonment. Later, Sheikh Mujib declared a national amnesty for all the identified criminals, and the issue was settled internally. However,
Sheikh Hasina Wajid in her term of 1996-2001 again opened the issue of the war crimes trail yet the task remained unfinished due to the change of government.
Issue of trial does have some relevance as it strengthens the Awami League vote bank reflecting desire of the people for this yet it is important to ask what good it can bring to the country at the moment when people of Bangladesh are suffering from acute daily crisis. They are taking to streets for their demands to create new jobs to the unemployed people, to solve electricity, water and gas problem, to stop corruption and extortion of money by elite groups from businessmen, and to give security of life of people by improving law and order situation in the country. The list goes on.
The war crimes trial of criminals may have been aimed at bringing about justice and conciliation in society, but, to the contrary, it has widened the divide. There have been some very genuine concerns. Firstly, a lot of key evidence has been lost in the past 39 years and, as stated by many legal scholars and diplomats, it would be very difficult or even impossible for the Awami League now to prove the war crimes as adequate evidence will not be found to prove the case. Secondly, the investigators and prosecutors are hardcore supporters of AL government, which leaves little room for a free, fair and impartial trial. And now even the government has changed its language - from war crimes trial, it is now referring to ‘crimes against humanity'.
For its part the government is claiming to conduct an impartial trial. It has accepted a UN offer of sending a team of experts to help Bangladesh try those who were involved in various war crimes during the Liberation War of 1971. Law ministry officials said the group of UN specialists, having experience in dealing with war crimes that had occurred in different nations, might visit Dhaka shortly. Nonetheless, it remains to be seen how this would be useful in ensuring fairness of the process.
The government's intentions about the trial are being seen as unpopular due to a number of reasons. There has been strong opposition from BNP and Jamaat which see it as a tool to suppress the opposition. The change in focus from war crimes to crimes against humanity is highly difficult to define. The country is faced with an acute gas, electricity and water crisis and people have taken to the streets. Since the trial announcement, there have been countrywide killings, rape and violence. A controversial list of war criminals has been released that includes some leaders from the opposition who were only four or five years old in 1971, raising questions about the government's intentions. The government has also omitted the names of some known individuals who were involved in the crimes but later joined the Awami League.
In view of the socio-political landscape of Bangladesh, the Awami League government seems to be headed in the wrong direction. National reconciliation needs national accommodation; therefore it will not be advisable to allow the past to haunt the future. Whatever happened in 1971 had a particular context. As such, there should be a national amnesty from the government to close this bitter chapter of history. Now all parties have stakes in the country's development; they have a role to play and a contribution to make. A positive approach would strengthen the course of democracy in the country that has been disrupted on account of political shortcomings. People want relief in their daily life with easy access to subsistence. Any policy that amounts to political injustice would be counterproductive. Ironically, though, this may just happen.
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