A Brief on the Violations of International Humanitarian Law

during the Bangladesh Liberation War of 1971

In the context of the Bangladesh Liberation War and the actions of Pakistani forces,
it's crucial to examine their violations of International Humanitarian Law (IHL).
International Humanitarian Law, as outlined by the International Committee of the
Red Cross (ICRC), serves to mitigate the impact of armed conflict for humanitarian
reasons. It aims to protect individuals not actively participating in hostilities and
regulates the methods and means of warfare, often referred to as the law of war or the
law of armed conflict.

Inspired by principles of humanity and the reduction of human suffering, IHL consists
of rules established through treaties or customary practices. These rules seek to shield
individuals and property affected by armed conflict while curbing the rights of
conflict parties to select their warfare methods. The Geneva Conventions, Hague
Conventions, and subsequent treaties form the basis of IHL, guiding the conduct of
parties involved in armed conflicts.

During the Bangladesh Liberation War, Pakistani forces frequently violated key
principles of IHL, notably regarding the protection of non-combatants and limitations
on warfare methods. They engaged in actions such as superfluous injury,
indiscriminate attacks, and bombardment and targeting, all of which are fundamental
violations of humanitarian norms.

Superfluous injury, the principle that prohibits inflicting unnecessary suffering on

opposing combatants, was routinely disregarded by Pakistani forces. They often
exceeded the necessary force to neutralize combatants, causing undue harm and
suffering, thus violating Article 22 of the Hague Regulations and Article 35(1) of
Additional Protocol I.

Indiscriminate attacks, prohibited by Article 51(4) of Additional Protocol I, were a

common tactic employed by Pakistani forces. These attacks lacked discrimination in
targeting military objectives, leading to civilian casualties and damage to civilian
infrastructure. Such actions disregarded the principle of distinction and
proportionality, essential aspects of IHL aimed at minimizing civilian harm.

Furthermore, Pakistani forces frequently engaged in bombardment and targeting

practices that failed to differentiate between military objectives and civilian areas.
Area bombardment, designated as indiscriminate under Article 51(5)(a) of Additional
Protocol I, was used despite its prohibition, resulting in civilian casualties and
destruction of civilian property.

In summary, during the Bangladesh Liberation War, Pakistani forces violated

numerous principles of International Humanitarian Law, causing extensive harm to
civilians and civilian infrastructure. Their actions underscore the urgent need for
accountability and justice for the victims of these violations, highlighting the
importance of upholding humanitarian norms in times of armed conflict.