In September 1971 an international conference of jurists convened in
Aspen, Colorado, by the ICJ and the Aspen Institute for Humanistic
Studies called upon the International Commission of Jurists to set up a
Commission of Enquiry into the events in East Pakistan. A Commission of
three prominent international lawyers was accordingly appointed in
November with the following terms of reference:
'To enquire into the reported violations of human rights and the
rule of law in East Pakistan since March 1, 1971, and, insofar as
they are shown to be well-founded, to enquire into their nature,
extent and causes and to report, with recommendations.'
The Indian Government and the provisional Government of Bangladesh
agreed to cooperate fully with the Commission, but unfortunately the
former Pakistan Government refused their cooperation, contending that
the subject of the enquiry was a purely internal matter.
The Commission were due to leave for India in December to take
evidence there, when open hostilities broke out between India and
Pakistan. The Indian Government asked that the visit of the Commission
should be postponed, but as the members of the Commission were not
available at a later date, the Commission of Enquiry had to be
cancelled.
However, as a great deal of valuable documentary evidence had been
collected, together with some oral evidence, it was decided that the
Secretariat of the ICJ should prepare this Staff Study covering the same
ground as the proposed Commission of Enquiry .The scope of the Study was
extended to consider the application of the right of self-determination
of peoples, the role of the United Nations and the role of India.
This Staff Study contains a factual account of the events which
occurred in East Pakistan from March to December 1971, together with a
discussion of some of the legal issues involved. The factual account is
based partly upon published books, partly upon contemporary newspaper
accounts, partly upon sworn depositions of refugees in India, and partly
upon oral and written statements of evidence given to the International
Commission of Jurists between October 1971 and March 1972. Nearly all
these statements have been made by European and American nationals who
were in East Pakistan at the time.
The discussion of the legal issues deals with some highly
controversial subjects, but whenever we have formed a view on these
issues, we have thought it better to state our view clearly without
equivocation. In doing so, we wish to stress that this is a Staff Study
for which the Secretariat is alone responsible. It does not commit the
individual Members of the International Commission of Jurists.
We have sought to make this Study as objective as possible but
recognise that we have suffered from the disadvantage that the former
Pakistan Government refused to cooperate in helping us to obtain
evidence from their side. Nor have we had an opportunity to obtain the
comments of President Bhutto upon our text, and in particular upon our
references to him.
We wish to express our gratitude to all those who have helped us in
the preparation of this Study. We wish to acknowledge in particular the
assistance we have received from the following books: The Pakistan
Crisis, by David Loshak, Heinemann, London, 1971; The Great Tragedy, by
Zulfikar Ali Bhutto, Pakistan People's Party, 1971; The East Pakistan
Tragedy, by L. F. Rushbrook Williams, Tom Stacey, London, 1971; The Rape
of Bangladesh, by Anthony Mascarenhas, Vikas Publications, Delhi, 1971;
the White Paper on the Crisis in East Pakistan, Government of Pakistan,
1971; Bangla Desh Documents, Ministry of External Affairs, New Delhi,
1971; and from articles and reports by journalists, in particular the
following: Peter Hazelhurst, The Times, London; Martin Woollacott and
Martin Adeney, The Guardian, London; Simon Dring and Clare
Hollingsworth, The Daily Telegraph, London; Sydney H. Schanberg and Malcolm W. Browne, The New York Times and International Herald
Tribune; Henry S. Hayward, Christian Science Monitor.
Niall MAcDERMOT,
Secretary-General
International Commission of Jurists
Geneva, June 1972