Thursday, 18 May 2017

“THE SAGA OF BANGLADESH AND KULBUSHAN: INTERNATIONAL WAR CRIMES”

Written by: Dr Maria Sultan DG SASSI

According to UN GA resolution 3314 of 1974 there are 7 acts of aggression including attack of armed forces against territory, military occupation of a territory, or sending armed groups, irregulars, or mercenaries to carry out of acts of armed forces offence against the administration of justice which top the list of almost 70 crimes which are listed as crimes against humanity according to the international criminal court (ICC).

These not only top the list in terms of the violations committed but also describe the acts as unacceptable even between state to state relations, today as the nation grapples with the list of crimes, terrorists activities and subversion carried out by Kulbhushan the Indian master spy and saboteur, we are reminded of the painful history of 1971. The 1971 war had culminated from the wide espionage and sabotage activities of the research and analysis wing (RAW) of the Indian establishment, to subvert, annex and then attack the Pakistani armed forces and the state of Pakistan.

Nothing was natural including the quest by Sheikh Mujib s attempt to raise a Bangladeshi army as an alternative to the ex Mukti Bahini on the behest of the Indian intelligence. He was butchered by his own army less his two daughters hazing and Rehana. The Awami league was to be the only savior as all other political parties were banned and so was the spirit of the free media and all media houses respectively. The Al was converted into Bangladesh Krikshik Sramil Awami league BAKSAL, with a two pronged strategy of eliminating Jamat and convict Bangladesh national party leaders for international war crimes. It is ironic that today these are being convicted of sham was crimes in Bangladesh while the Bangladeshi government itself has a lot to answer for the unfair recourse to justice and their leader’s involvement in the war crimes of 1971 carried out by Indian saboteurs against the people of Pakistan, a country they divided.

Though the basis for the political divide may have existed and Pakistani administration may have had its own set of responsibilities for the failure to mitigate the grievances and help erase the faultiness that existed between east and west Pakistan, the fact cannot be set aside that at the scale, the nature and extent of the international war crimes carried out by India in the than east Pakistan could ever be ignored. Where an entire country was left to the mercy of intrigue, espionage, political unrest and ultimately declaration of war by India. Pakistan has now a case to follow after the conviction of Kulbushan to question the role of Indian intelligence in the separation of east Pakistan as per internal war crimes.

The irony is that instead of Pakistan taking India to the international war crimes tribunals the Bangladesh government has embarked on a witch hunt and is trying the people of Bangladesh of war crimes which were in fact carried out by the admission of the Indian Prime Minister himself when he stated that India had instilled the plan of sabotage and terrorism than in east Pakistan before the 1971 war, to help serve Pakistan into two halves. What is further disturbing is the fact that out of the top five leaders of Jamat Islami (JI) and one from BNP who have executed in the name of sham international war crimes tribunal none have been given access to free and fair trials let alone allowed to present their witness or other supporting evidence from Pakistan to be included in their defense let alone allowed visas or given the right to accept the affidavits of the witness as part of the court proceedings as it was termed by the Bangladeshi SC as coming from an enemy state. Norms of international law or for that matter the international crime court war tribunals were not maintained that is of providing free and fair trials was se aside in the name of pleasing the Indian masters. This may be the method of choice for a false democracy and weak state for Pakistan we have the courage to test our system in the face of global and regional hostility, for we believe in our state institutions, our quest for justice and our commitment to international norms. India seemed poised to repeat this performance in Pakistan as its state intelligence through its operators and officers set to create mayhem and civil unrest, target killings, terrorism and ultimately an entire separatist ( terrorist) movement in Pakistan in Baluchistan.

The recent conviction of Kulbushan Jhadav through the honorable Pakistani court of field general court marital (FGCM) for his acts against the state of Pakistan and its people was helping to assist raw in planning to coordinate and organize espionage and sabotage activities and waging war against Pakistan . the lost of his activities has been long as he sponsored and directed improvised attacks IED attacks in Gawadar and Turbat, directed attacks on the radar station an civilian boats in the sea and apposite to Jawani, funded secessionist movement in Baluchistan by misdirecting the Pakistani youth, SPONSERED EXPLOSIONS OF GAS pipelines and electric pylons in sibi and sui areas in Baluchistan, sponsored IED explosion in Quetta 2015, attacks the Hazaras in Quetta and Shia Zairian enroute to Iran and back, and facilitated and organized attacks against the leas, fc and FWO in Turbat, Punjgur, Gawadar, Pasni and Jiwai in 2014-2015.

The trial was conducted by the FGCM and concluded under the Pakistan army act section 2 and official secrets act of 1923 merely outlines the sustained war crimes conducted by India in Pakistan and as per the international war crimes are trial able in the international war crimes tribunal if need be so for Pakistan to pursue the case there. The case has been carried out as per the law of the land and the evidence has been recorded under the law of evidence of 1984 and the confessional a statement was recorded before a magistrate under section 1984 Crime regulations of Pakistan penal code CRPC, Interestingly Pakistan requested the government of India through a letter of assistance for key information and witness on 23 January 2017, which India chose to ignore.

The reality of the issues that he was serving commander of the Indian navy who at the directions of Raw was not only planning but was also directly responsible for sponsoring terrorism in Pakistan, Pakistan still per as international norms carried out the trial in an FGCM where he was given the same rights as those enjoyed by Pakistani military officer who may be tried for similar offences including the presence of judge from the JAG branch of the military and still retains his legal options of either requesting for an appellant court in 40 days, a mercy appeal to the Pakistani army chief or than ultimately a mercy appeal to the Pakistani president if the supreme court also maintains the earlier judgment . For Pakistan the case is not so simple of merely trying on Indian intelligence officer but is reflective of the dangerous and unethical war imposed on the people of Pakistan.

We, the people of Pakistan have paid the price in blood and destruction the international wars against humanity, it is time that the world wakes up to the responsibility of maintain international peace and security and reins in their new partner India, which is not only involved in regional unrest but is forcing it state mechanisms to carry out international war crimes starting from the saga of Bangladesh to that of Kulbushan, the story is never ending. But with the conviction of Kulbushan one this is for sure that the story war crimes have just begun for India where it must bear witness to all the killings destruction it has caused to the people of this region.

The article was published in www.sassi.org


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