Aynal Haque*

Department of Law, Green University of Bangladesh, Dhaka Bangladesh. 

*Correspondence: aynal@law.green.edu.bd  (Aynal Haque, Lecturer, Department of Law, Green University of Bangladesh, Dhaka Bangladesh).

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ABSTRACT

The 1971 conflict in Pakistan caused tremendous damage to both people and property. As a result, Pakistan has a responsibility to reimburse Bangladesh. In some cases, several countries may pay for damages without admitting guilt, making the concept of reparatory justice difficult to establish. Reparation must be carried out in accordance with the victim nation's demands. The prosecution of war criminals after World War II brought attention to humanitarian law and customary international law, which recognizes the global repercussions of genocide. Reparations are actions done by the state to address ongoing transgressions of "Human Rights Law" and "Humanitarian Law" through monetary compensation and restitution. They are used in the framework of transitional justice. Victims of transgressions of international or humanitarian law may pursue restitution. Pakistan must still pay compensation even though it was responsible for the slaughter in Bangladesh in 1971. The tragedy of 1971 and the crimes against humanity it entailed were recognized as genocide by the international community. In order to mend relations, Pakistan should apologise to Bangladesh and find a peaceful settlement. 

Keywords: Customary international law, International humanitarian law, Transitional, and Restitution.

Citation: Haque A. (2023). Reparatory justice for the 1971- Bangladesh genocide. Asian J. Soc. Sci. Leg. Stud., 5(5), 154-159. https://doi.org/10.34104/ajssls.023.01540159

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