By Sebastian Strangio

Published by Asia Times Online, August 17, 2010

Motiur Rahman Nizami is among the accused.

DHAKA – A SPECIAL tribunal in Bangladesh has indicted four members of the country’s main Islamist party, Jamaat-e-Islami, on suspicion of committing mass atrocities during the country’s 1971 Liberation War. Those arrested, including party president Motiur Rahman Nizami and his deputy Ali Ahsan Mohammad Mujahid, have been remanded in custody indefinitely and are likely to face charges of genocide, murder, rape and arson. Travel bans have been imposed on a few dozen more suspects.

The indictments, issued late last month, were the opening act of Bangladesh’s International Crimes Tribunal, established in March, which is seeking to prosecute those responsible for atrocities during the bloody war that resulted in the country’s birth.

The 1971 conflagration, which erupted when the Pakistani military attempted to prevent the secession of the country’s eastern wing, led to the widespread massacre of unarmed civilians and the systematic execution of leading Bengali intellectuals. Some sources say 3 million people perished during the 10-month conflict, while as many as 200,000 women were raped.

Although attempts at justice began after the defeat of the Pakistani army by Indian and Bangladeshi forces in December 1971, the tribunal process was derailed after the assassination of independence icon Sheik Mujibur Rahman four years later. For the following three decades, a succession of military administrations has swept aside all attempts at justice, fearing it could implicate many within their own ranks.

For Bangladesh, the trials come four decades late, and many of those most responsible are either dead or living in the relative sanctuary of Pakistan. But Mahbub Alam, the general manager of Dhaka’s Liberation War Museum, which commemorates the 1971 atrocities, said that there was a widespread desire to see justice done. “In this country, if you go into each and every village you will find war victims,” said Alam, who lost his father in the Liberation War. “The people who did all these kinds of misdeeds are the beneficiaries of the creation of Bangladesh,” he said. “They are the beneficiaries of the country, of three million martyrs.”

But the government’s focus on razakars — internal collaborators who led, assisted and committed crimes in conjunction with the Pakistani administration then in control of the country – has whipped up controversy in Muslim-majority Bangladesh. The Awami League government of Prime Minister Sheikh Hasina, which was elected in a landslide in 2008 in part on promises of a trial, says it has evidence proving the involvement of senior Jamaat members in the 1971 atrocities. Critics, however, say the tribunal is being used to settle domestic political disputes and runs the risk of unleashing social chaos.

Don Beachler, an associate professor of political science at New York’s Ithaca College, said the government has set up the tribunal in part to tar Jamaat-e-Islami as allies of the Pakistani army and “enemies of the Bangladeshi people”. The fact that Jamaat ruled in coalition with the Bangladeshi Nationalist Party – a key rival of the Awami League – from 2001 to 2006 has only provided an “extra motive” to pursue the Islamist movement, he added.

To be sure, Nizami and other Jamaat leaders clearly have reason to be concerned. Nizami founded and led the Badr militia, which committed numerous acts of violence against civilians in support of the Pakistani army’s campaign to repress Bengali nationalism. “Nizami was active against independence and advocated violence against Hindus who were seen as the source of Bangladeshis’ alleged betrayal of Pakistan and Islam,” he said. “On the merits and the politics Nizami has much to fear.”

Given the politically charged nature of the process, however, the relatively open-and-shut case against Nizami and his deputies could be compromised by procedural inadequacies and a perception of government heavy handedness. Some observers fear the arrests of Nizami and Ali Ahsan Mohammad Mujahid on June 29 were the first sign that the process was compromised by political manipulation.

The pair, along with top preacher Delwar Hossain Saydee, were detained on the obscure charge of “offending religious sentiment” after they compared their persecution by the Awami League government to the sufferings of the Prophet Mohammed. Only once they were in custody did the government move ahead with questioning on war crimes-related charges.

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Is a war crimes tribunal being used to settle political scores? If so, it may unleash social chaos, reports Sebastian Strangio.

Published in The Diplomat, July 22, 2010

DHAKA – BANGLADESH’S Liberation War Museum sits on a quiet street in central Dhaka, shaded by trees and fronted by an austere barbed wire fence. The small building commemorates the country’s 1971 liberation struggle, a fierce war of independence from Pakistan that cost an estimated 3 million lives. An eternal flame in the museum’s courtyard marks it out as a site of martyrdom—a reminder of the bloody star under which the country was born. Almost fittingly, dozens of small Bangladeshi flags are intertwined on the rusting barbs of the museum’s front fence.

Last week, Bangladesh’s government arrested two leading politicians from the country’s main Islamist party, Jamaat-e-Islami, on charges of committing mass murder during the liberation struggle. The arrests, which followed the detention of the party’s president, Motiur Rahman Nizami, and other top Jamaat officials in late June, mark the first stage of a tribunal established in March to address war crimes committed during the 1971 conflict.

A nationalist mural in Motijheel, the commercial heart of Dhaka. (Photo: Sebastian Strangio)

But even though the tribunal has no scheduled start date, it has already whipped up controversy in Muslim-majority Bangladesh. The government of Prime Minister Sheikh Hasina, which was elected in a landslide in 2008 in part on promises of a trial, says it has evidence proving the involvement of senior Jamaat members in the 1971 atrocities. Critics, however, say the tribunal is being used to settle domestic political disputes and runs the risk of unleashing social chaos and compromising Dhaka’s relationship with Muslim allies in the Middle East.

The tribunal comes after nearly four decades of inaction in Bangladesh. The 1971 conflagration, which erupted when Pakistan attempted to prevent the secession of its eastern wing, included the systematic execution of leading Bengali intellectuals and the rape of by some estimates 200,000 women. Although the process of putting collaborators on trial began after the defeat of the Pakistani army on December 16, 1971, the tribunal process was derailed after the assassination of independence icon Sheik Mujibur Rahman in August 1975. Ahmed Ziauddin, an advisor to Bangladeshi rights group Odhikar, says that for the following three decades, a succession of military administrations has swept aside all attempts at justice, fearing it could implicate many within their own ranks.

‘The current process is, if you like, unfinished business that started in 1972,’ he says.

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