PROVISIONAL WORLD PARLIAMENT
Resolution on the Trial of War Criminals
and Perpetrators of Genocide and Crimes Against Humanity
This Provisional World Parliament, at its Tenth Session in Kara, Togo, June 21-24, 2007, affirms the principles set forth in the Nuremburg Accords, in the “international law” of the U.N., and in the common law of humankind that individual persons be held responsible for atrocities, torture, genocides, war crimes, or crimes against humanity committed during war. War, itself a barbaric activity in contradiction to the rule of law, cannot and must not be used as a cover for even greater barbaric actions such as genocide and crimes against humanity.
The Provisional World Parliament recalls specifically the historic and heroic war of liberation of Bangladesh in 1971 through which the people of Bangladesh achieved their independence on 16 December 1971. The territory that now comprises Bangladesh was the eastern part of Pakistan. Since the establishment of Pakistan through the British partitioning of India in 1947, the people of the eastern wing were subjugated like a colony by the Pakistani rulers who were primarily from the western part.
The people of eastern Pakistan had to fight for establishing their mother language, Bangla, as the state language, and for regional autonomy. They also had to struggle for their due share in governance, the economy, social, and cultural life. However, the Pakistani rulers (mainly from the western wing and from the province of Punjab) denied these rights.
In 1970, the first ever national general election since independence from India took place on the basis of adult franchise. The political party Awami League obtained the majority of seats in the national parliament. But this party was denied the opportunity to form the government.
As a result, mass upsurge took place in the eastern wing during the months of January to March 1971, and the Pakistani army junta, in order to suppress the public unrest, launched an all out attack on the unarmed people of then east Pakistan in the night of 25 March 1971. Immediately, the national leader Sheikh Mujibur Rahman declared independence for Bangladesh on 26th March. The people were compelled to start their war of liberation from this date.
This Parliament also recalls that, according to the testimony of freedom fighters still living, the Pakistani army started with an unprecedented genocide mercilessly killing and estimated 3,000,000 people, including women and children. According to some estimates, the Pakistani army burned millions of houses and also committed mass rape upon 20,000 women. More than an estimated 10, 000,000 people fled the country and took refuge in neighboring India. Youths, peasants, workers, and people from all walks of life participated in the liberation war by forming Mukti Bahini (Liberation Army) and fought in the war of liberation. Ultimately, the 95,000 Pakistani occupation army surrendered to the joint command of Mukti Bahini and the Indian army in Dhaka on 16 December 1971, and Bangladesh was freed on that date with the victory of the freedom fighters.
This Parliament understands that the surrendered Pakistani army generals were taken to India where the understanding of the Bangladeshi people was that they were to be tried for committing genocide and other war crimes. However, ultimately the India government appears to have freed them and no trials have yet taken place. What happened in India that allowed due process of law not to take place needs to be investigated and brought to light.
This Parliament considers the commission of such war crimes as crimes against humanity. The perpetrators of such heinous crimes should be brought to justice, face properly constituted trials, and be dealt with appropriately. The Provisional World’s Parliament’s own World Legislative Acts antedate the commission of these alleged crimes by the Pakistani army in Bangladesh and, therefore (under the principle in the Earth Constitution of no ex post facto application of laws), these crimes must be tried under earlier laws against genocide and war crimes, such as U.N. international law, or the traditional common laws of humanity against such heinous actions as murder, torture, and rape
Therefore, this Parliament resolves that the army personnel of the Pakistan army who were allegedly responsible for committing war crimes in Bangladesh during the War of Liberation of 1971, and their associates who helped them in furtherance of the above mentioned heinous crimes, be brought to trial by due process of law and ultimately be brought to justice.
This Parliament urges the world community to come forward to form world-wide opinion in favor of immediately bringing the suspects of these crimes to justice under due process of law.
Attested:
Eugenia Almand, JD, Secretary
Provisional World Parliament