View Single Post
  #39  
Old November 12, 2012, 12:29 PM
Navo's Avatar
Navo Navo is offline
Moderator
BC Editorial Team
 
Join Date: April 3, 2011
Location: Florence
Favorite Player: Shakib, M. Waugh, Bevan
Posts: 4,161

^ It'll be hard, if not impossible, for an international court to hear this matter. The International Criminal Court did not exist then so it does not have the temporal jurisdiction to hear this matter (it can only adjudicate on war crimes since the late 90s). The case of Pakistan vs. India (Yes, Pakistan brought charges against India for the handling of its 195 Prisoners of War!) was brought to the International Court of Justice but was removed from the list as Pakistan withdrew its case after the tripartite Delhi agreement of August 28, 1973 which led to the POWs being sent back to Pakistan.

We could set up a Tribunal here on reparations or have the High Court order reparations but beside its symbolic value, it would mean little in terms of financial enforcement. Interestingly, given the activist streak of the Pakistani judiciary, whereby they regularly bring their own Prime Ministers to court, it is theoretically possible that a Bangalee war victim filing a writ petition in Pakistan against the Pakistani State might get a judgment in their favour and reparations...
Reply With Quote