Border Killings Between Bangladesh and India and International Law

 

The killings at the Bangladesh-India border have long been a subject of controversy and concern. Numerous reports and studies have alleged that the Indian Border Security Force (BSF) indiscriminately shoots unarmed Bangladeshi civilians, potentially violating international human rights and international law.

The situation at the Bangladesh-India border is complex due to historical, cultural, and geopolitical factors. After the partition of Bengal in 1947, both countries faced various border-related disputes, leading to frequent incidents of illegal crossings, cattle smuggling, and other forms of trafficking. In this context, the use of a "shoot-on-sight" policy by border security forces and the use of firearms against innocent civilians have sparked widespread criticism.

According to various sources, border killings have occurred repeatedly over the past decades. A Wikipedia article mentions that between 1996 and 2020, thousands of Bangladeshi citizens were either killed or severely tortured while crossing the border. In recent years, incidents like the brutal killing of Felani Khatun (Kurigram) and Swarna Das have gained international attention. These cases highlight that unarmed and helpless civilians were shot, which clearly constitutes human rights violations and breaches of international legal provisions. Despite bilateral agreements between the two neighboring countries, these killings have not been effectively controlled.

International Law and Human Rights Framework

Under international law and human rights principles, security forces of any country are not legally allowed to use excessive or unreasonable force against innocent civilians.

The United Nations’ basic guidelines state that force should only be used as a last resort and for self-defense.

Many of these killings are considered violations of international law, particularly human rights and humanitarian law.

According to international legal provisions, especially the United Nations' human rights guidelines and the Geneva Conventions, unlawful shooting or cruel treatment of unarmed civilians is strictly prohibited. Even in times of war or conflict, violence against civilians is forbidden under the Geneva Conventions and its Additional Protocols.

The UN’s law enforcement guidelines explicitly state that security forces can only use force in a limited and necessary manner for self-defense, and excessive or indiscriminate shooting is considered a violation of international law and human rights.

Implications of BSF Border Killings

The recurring allegations against the Indian Border Security Force (BSF) regarding the shooting of innocent Bangladeshi civilians at the border have resulted in:

The suffering of countless families who have lost their loved ones.

Disruptions to the livelihoods and social security of local communities.

Negative impacts on diplomatic relations and trust between Bangladesh and India at the international level.

Recent reports suggest that various political and social groups in Bangladesh have demanded intervention from the international courts and the United Nations to stop these human rights violations by India.

Particularly, the chairman of the Labour Party and other analysts have urged the enforcement of international law against the ongoing serial killings at the border.

Although several bilateral protocols have been signed between India and Bangladesh regarding border security and control, the failure to properly implement these agreements and allegations of unilateral actions remain major concerns. There are indications that excessive use of force is being justified under claims of self-defense.

The Bangladeshi government and international human rights organizations have repeatedly protested against India’s strict border security policies. Various NGOs and human rights groups in Bangladesh have called for international pressure to end these killings. While Indian authorities have made commitments to control the situation and take legal action, the reality on the ground remains vastly different.

Conclusion
Overall, the killing of innocent civilians at the Bangladesh-India border is increasingly being viewed as a violation of human rights under international law. These incidents raise critical questions: Is the use of force in border security justified under legal standards? And is there sufficient international pressure to stop these killings?

To address these issues, extensive investigations and interventions by international human rights organizations are being called for, along with bilateral negotiations. This remains a complex bilateral and international problem that requires careful consideration of political, legal, and humanitarian aspects.


Sadia Sultana Rimi is a
student in Department of Mathematics, Jagannath
University, Dhaka.