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Victimization During the Liberation War 1971 and Transitional Justice

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Victimization During the Liberation War 1971 and Transitional Justice Victimization during the Liberation War 1971 and Transitional Justice: The Case of Bangladesh A.B.M. Najmus Sakib Title of thesis “Victimization during the Liberation War 1971 and Transitional Justice: The Case of Bangladesh” A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of M.Sc. Master Victimology and Criminal Justice Submitted to, Ms. A.M.H.M. Bax & Dr. C.R.J.J. (Conny) Rijken Submitted by, A. B. M. Najmus Sakib Anr: 305799 Tilburg Law School Tilburg University Acknowledgement It would not have been possible to write this thesis without the help and support of the kind people around me, to only some of whom it is possible to give particular mention here. I owe my deepest gratitude to my supervisors Ms. A.M.H.M. Bax & Dr. C.R.J.J. (Conny) Rijken for their continuous cordial advices and feedbacks. Next my sincere thanks to the chairperson of the Department of Criminology, University of Dhaka; Dr. Zia Rahman for his unlimited assistance and directions on collecting literatures. His inspirations and motivations were invaluable on both an academic and a personal level. Besides, I am grateful to Dr. Mr. S. van der Aa for her practical guidelines and motivations. In addition, I would like to thank the faculties of the INTERVICT who have guided me throughout the programs and I feel like home. I am also grateful to my mate Ms. Rajitha Kanchan for her valuable comments and psychological supports. Besides, I received outstanding support from my family members and I thank all of them for their utmost help and emotional support. Finally, I express my deep sense of indebtedness to my wife, Ms. Zarin Tasnim Rashid for her unlimited sacrifices and tolerances during the whole period of the study. 1 | P a g e Contents Acknowledgement ....................................................................................................................................... 1 Contents ....................................................................................................................................................... 2 List of Abbreviations .................................................................................................................................. 4 Chapter: One Introduction ........................................................................................................................ 5 Context of the Study ............................................................................................................................... 5 Problem Statement .................................................................................................................................. 5 Research Questions ................................................................................................................................. 5 Organization of the Thesis ..................................................................................................................... 7 Chapter Two: Methodology ....................................................................................................................... 8 2.1 Introduction ....................................................................................................................................... 8 2.2 Methodology of the thesis ................................................................................................................. 8 2.3 Searching for sources and source selection ..................................................................................... 8 2.4 Review of literature ......................................................................................................................... 10 2.5 Limitations of the Study ................................................................................................................. 11 Chapter Three: Background of conflict and victimization during the Liberation War of Bangladesh .................................................................................................................................................................... 12 3.1 Introduction ..................................................................................................................................... 12 3.2 Brief history of the Liberation War of Bangladesh ..................................................................... 12 3.3 Affected groups: The case of the Liberation War of Bangladesh ............................................... 18 3.3.1 Categories of victims ................................................................................................................ 18 3.3.2 Affected groups during the Liberation War of Bangladesh ................................................. 20 Chapter Four: The Idea of Transitional Justice .................................................................................... 23 4.1 Introduction ..................................................................................................................................... 23 4.2 Concept of transitional justice ....................................................................................................... 23 4.3 Aims of Transitional Justice........................................................................................................... 25 4.4 Pillars of transitional justice .......................................................................................................... 27 4.4.1 Prosecution Initiatives ............................................................................................................. 29 4.4.2 Facilitating initiatives in respect of the right to truth ........................................................... 29 4.4.3 Delivering reparations ............................................................................................................. 30 4.4.4 Institutional reform.................................................................................................................. 31 2 | P a g e 4.4.5 National Consultations ............................................................................................................ 32 Chapter Five: Transitional Justice Mechanisms in Bangladesh ........................................................... 33 5.1 Introduction ..................................................................................................................................... 33 5.2 Mechanisms to address the Liberation War of Bangladesh ........................................................ 33 5.2.1 1st phase: 1971-1975 ................................................................................................................ 33 5.2.2 2nd phase: 1975-1991 ............................................................................................................... 38 5.2.3 3rd Phase: 1991-Present .......................................................................................................... 39 5.2.4 Other Initiative ......................................................................................................................... 44 Chapter Six: Discussions .......................................................................................................................... 45 6.1 Introduction ..................................................................................................................................... 45 6.2 Transitional Justice measures in Bangladesh: Evaluation .......................................................... 45 6.2.1 Prosecution Initiatives in Bangladesh .................................................................................... 45 6.2.2 Facilitating initiatives in respect of the right to truth in Bangladesh .................................. 50 6.2.3 Delivering reparations in Bangladesh .................................................................................... 51 6.2.4 Institutional Reform in Bangladesh ....................................................................................... 54 6.2.5 National Consultations in Bangladesh ................................................................................... 55 6.3 Transitional Justice measures in Bangladesh: Ways of improvement ....................................... 56 Chapter Seven: Conclusion ...................................................................................................................... 61 References .................................................................................................................................................. 66 Appendices ................................................................................................................................................. 80 3 | P a g e List of Abbreviations AL Awami League ACHPR African Charter of Human and Peoples’ Rights ACHR American Convention on Human Rights BNP Bangladesh Nationalist Party ECCC Extraordinary Chambers in the Courts of Cambodia ECHR European Convention for the Protection of Human Rights and Fundamental Freedoms IACHR Inter-American Commission on Human Rights ICC International Criminal Court ICCPR International Covenant on Civil and Political Rights ICJ International Court of Justice ICTA International Crimes (tribunal) Act ICTBD International Crimes Tribunal Bangladesh ICTR International Criminal Tribunal for Rwanda ICTY International Criminal Tribunal for the former Yugoslavia JI Jamaat-e-Islami MOLWA Ministry of Liberation War Affairs NGO Non-governmental
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