International Journal of Multidisciplinary Sciences and Advanced Technology Vol 1 No 3 (2020) 96–105

Contents lists available at Crown Academic Publishing

International Journal of Multidisciplinary Sciences and

Advanced Technology
Journal home page: http://www.ijmsat.com

IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW:

BANGLADESH PERSPECTIVE
Md. Mahabubur Rahman
Deputy Secretary, Legislative and Parliamentary Affairs Division Ministry of Law, Justice and Parliamentary Affairs,
Bangladesh.

Corresponding Author: E-mail: mahabub375@yahoo.com

Original article
Received 26 March 2020, Accepted 27 March 2020, Available online 29 March 2020

ABSTRACT
Implementation of International Law at the domestic level has become increasingly perplexing and sophisticated since it is
sometimes difficult to determine who, in the final count, has the responsibility for applying it. It is the parties to the
Geneva Conventions, which have the obligation to respect and ensure respect for the rules of International Humanitarian
Law (IHL) contained in the Conventions. The role of international bodies, such as the ICRC, is to undertake activities to
encourage and induce governments to fulfill their responsibilities in accordance with the relevant international standards;
to engage governments in cooperative procedures aimed at assisting them in the implementation of internationally
recognized standards and in overcoming difficulties that they may experience in that regard; and to respond to, or attempt
to deal with, violations of the internationally recognized rules. Bangladesh has become party to the four Geneva
Convention of 1949 in 1972. Bangladesh ratified two Additional Protocols of 1977 in 1980 and some other documents in
different time. Although Bangladesh ratified Geneva Conventions, two Protocols relating to it and some other instruments
compliance with those instruments are not found satisfactory. That is why the objective of this paper is to determine the
status of Bangladesh in the implementation of the IHL focusing on the national efforts to ratification of different
instruments on the subject matter and making legislation to comply with the obligation under those instruments.

Key words: International Humanitarian Law, Geneva Convention, Protocol, ICRC, Bangladesh.

2020 The Authors. Production and hosting by Crown Academic Publishing (CAP) on behalf of International Journal of Multidisciplinary Sciences and
Advanced Technology (IJMSAT). This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/).

1. Introduction

Being saturated with the spirit of the preamble to the UN charter and principle enshrined in the charter of UN and the
fundamental principles of state policy embodied in her constitution as regards respect for the international law as well as the
obligation it undertook to implement the same in the national level, Bangladesh has become party to the four Geneva
Convention, 1949 in 1972. On 27 March, 1972 Bangladesh declared that the she considered herself bound by the four Geneva
Conventions of August 12, 1949 by virtue of the previous ratification by the state of Islamic Republic of Pakistan. This
declaration of continuity made Bangladesh party to those conventions retrospectively from 26 March, 1971, the date of
Independence of Bangladesh. Bangladesh ratified two Additional Protocols of 1977 in 1980 and some other documents in
different time. As IHL is applicable both in war time and peace time, its application in Bangladesh is unavoidable in different
time and situation. Recently trial of the persons who committed crimes at time of liberation war has been taken by the
government. This issue has implication of IHL. Without accommodating the international instruments in national system it is
neither possible to apply the provisions of that instrument in national level nor to seek any cooperation from the international
community. Although Bangladesh ratified Geneva Conventions, two Protocols relating to it and some other instruments
compliance with those instruments are not found satisfactory. In this backdrop, this paper envisaged to identify the obligations

96
 Md. Mahabubur Rahman / International Journal of Multidisciplinary Sciences and Advanced Technology Vol 1 No 3 (2020) 96–105

of Bangladesh as a state party to implement the IHL; to determine Bangladesh position on ratification and implementation of
IHL instruments; and to make suggestions for an effective national legislation and domestic implementation of four Geneva
Conventions, two Additional Protocols relating to it and other related IHL instruments. The paper is divided into 8 sections
including introduction and conclusion. Section two discusses about the implications of IHL in Bangladesh. Section three
identifies the constitutional provisions reflective of the principles of IHL. Section four identifies the domestic legislations
enacted for national implementation of the Geneva Conventions of 1949 and the Protocols of 1977. Section five discusses
about the role of ICRC for the protection of life and dignity in Bangladesh while in section six there is a brief pen picture of the
ratification and overall status of IHL in Bangladesh along with neighboring countries. Section seven discusses findings and
recommendations with some suggestions for the concerned authority for proper implementation of the IHL.

2. Implications of IHL in Bangladesh

The Constitution of Bangladesh came into force on 16 December 1972 after a nine month long liberation war that resulted into
its independence. Human rights issue was in the fore-front of the struggle. The country's respect for human rights and
fundamental freedom dates back from the Proclamation of Independence of 10 th April 1971. The Proclamation, inter alia reads
"... we undertake to observe... and to abide by the Charter of the United Nations". The Constitution in its Preamble provides "...
it shall be a fundamental aim of the state to realize ... a society in which the rule of law, fundamental human rights and
freedom, ... will be secured for all citizens". Article 11 envisages that the republic shall be a democracy and in which
fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed. Article
25 delineates that the "state shall base its international relations on the principles of ... respect for international Law and the
principles enunciated in the United Nations Charter...". Article 145A specifies that all treaties with foreign countries shall be
submitted to the President and he shall cause them to be laid before Parliament".

From the above mentioned provisions, it is evident that the Constitution is silent on the status of International law upon
the domestic legal regime, even though it does make reference to human rights and respect for international law. Accordingly,
under the general principles of international law and the municipal legal regime, international treaties can become part of the
domestic law in Bangladesh only if they are specifically incorporated in the law of the land. In other words, they are not self-
operating in Bangladesh i.e. treaty obligations concluded by Bangladesh cannot ipso facto be put into effect unless an enabling
legislation is passed or enacted. Further, the Constitution does not contain any specific provision, which obliges the State to
enforce or implement international treaties and Conventions including implementation and enforcement of IHL.

3. Reflection of the Principles of IHL in Constitutional Provisions

The Constitution of the People's Republic of Bangladesh guarantees certain fundamental human rights to citizens as
well as non-citizens. Such as right to life and personal liberty, protection in respect of trial and punishment etc., but not 'war
crimes' or 'grave breaches’ of the Geneva Conventions, in the strict sense of the term.

It is, however, interesting to note that there are a few provisions in the Constitution, which have some bearing on IHL
principles. The right to life and personal liberty are guaranteed under the Constitution to 'any person'- which expression
includes citizens as well as non-citizens-have close resemblance to the IHL principles. Thus, Article 32 of the Constitution
which proclaims, "no person shall be deprived of his life or personal liberty save in accordance with law", is a guarantee
against 'grave breaches' of the Conventions.

The principles of equality, non-discrimination and absence of arbitrariness in Articles 27 and 28 of the Constitution, are
a clear reproduction of the principles of IHL incorporated in the various Geneva Conventions and the Additional Protocols. Yet
another constitutional provision which has some relevance to IHL principles is the one contained in Article 35 which deals
with certain safeguards and protection to persons accused of crimes. This Article prohibits against retrospective criminal law,
double jeopardy and self-incrimination. Some of these principles can be found in the Geneva Conventions also. Similarly, the
principles as specified in Article 33 of the Constitution dealing with protection against arrest and detention in certain cases are
also found in some of the provisions of the Geneva Convention.

Thus, even though the Constitution does not directly provide for the implementation of IHL principles, the
constitutional obligation of the judiciary to enforce these fundamental human rights may indirectly uphold the principles of
IHL as enshrined in the Geneva Conventions.

4. IHL in Domestic Legislation

The first effort to implement humanitarian law, partial indeed, was the passing of, in 1936, the Geneva Convention
Implementing Act, 1936. It was initially enacted to implement article 28 of the Geneva Convention of 1929, which dealt with
protection of the emblem of the Red Crescent and Red Cross etc. It was subsequently amended with a view to implementing
article 53 of the First Geneva Convention of 1949, which replaced the 1929 Convention. Section 2 of the Act deals with the

97
 Md. Mahabubur Rahman / International Journal of Multidisciplinary Sciences and Advanced Technology Vol 1 No 3 (2020) 96–105

protection of the use of emblems. Section 4 of the Act prescribes punishment for violation of the above provision, which is a
fine of Taka 50 only. The law further does not indicate who is responsible for authorizing the use of the emblem. The Act is
silent regarding 'grave breaches' of the Geneva Conventions and trial procedures. Thus, the law is inadequate and
unsatisfactory in itself.

Another piece of legislation, which has direct nexus to Humanitarian Law, is the Bangladesh Red Crescent Society
Order, 1973 by which the Bangladesh Red Crescent Society was established. Article 4 of the Order envisages that the Society
shall in all its activities observe neutrality, impartiality, independence, universality, humanity and all other basic principles and
shall adhere to the Statute of the ICRC and the Geneva Conventions. Article 5 of the Order, read with the First Schedule of the
Order lays down the objectives of the Society, which as it appears are drawn from the Geneva Conventions and its Protocols.

The other legislation where the Geneva Conventions have an important bearing is the International Crimes (Tribunals)
Act, 1973. According to Section 3 of the Act, the Tribunal has Jurisdiction to try Crimes against Humanity, Crimes against
Peace, Genocide, War Crimes, violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva
Conventions of 1949 and any other crimes under international law. The Tribunal has been vested with the power to try and
punish any person irrespective of his nationality who, being a member of any armed, defense or auxiliary forces commits or
has committed the above mentioned crimes, in the territory of Bangladesh.

The 1973 Act is far more useful evidence of present legal expectation than the 1950 and 1951 United Nations Command
Rules of Criminal Procedure. But the Act is not satisfactory in terms of implementing the obligations of Bangladesh under the
Geneva Conventions and Additional Protocols, since it does not provide for universal jurisdiction in relation to 'grave
breaches', that is, jurisdiction regardless of the nationality of the alleged perpetrator and the place where the crime was
committed. It should however be borne in mind that the International Crimes (Tribunals) Act, 1973 was not enacted to
implement the Geneva Conventions and its Protocols but to try those accused of war crimes during the war of liberation in
1971.

5. ICRC’s Role in Bangladesh Protecting life and dignity of people

The mission of the ICRC globally is to protect the life and dignity of people who are affected by conflict, war or
situations of violence. It may be materialized in different forms. ICRC is trying to help Bangladesh to bring the international
treaties into national law which will become standard orders for the Bangladesh police, Rapid Action Battalion (RAB) and the
security forces in the way they conduct their operations. It also helps the Bangladeshi lawyers and judges to have instruments
with which they can then prosecute or bring people to justice. It is trying to assist Bangladesh to bring the legislation up to the
date.
For instance, it is trying to help the Bangladeshi Government to update the Geneva Convention Implementation Act
1936 so that it meets the international standard. Since it is the obligation of Bangladesh to translate the text into concrete
action, ICRC stimulates trainings for universities in Bangladesh where students have to relate to the law using case studies
from many different countries to see how the law functions in practice and in the form of Moot Courts. It supports trainings
and while providing such support it works mostly on Human Rights Law, International Human Rights Law (IHRL) in relation
to professional policing which includes the rules and regulations concerning use of force and firearms, arrest and detention,
interview and interrogation and who are specially protected persons and what specific systems need to be in place to ensure
protection for women, minors and children. ICRC plays an important role in repatriation of the displaced people. In this regard
it works combinely with the Government, the Ministry of Law, Justice and Parliamentary Affairs, Ministry of Foreign Affairs
with activities that the Government carries out with police, security forces and the army. The ICRC also focuses on building
the capacity of its national partner, the Bangladesh Red Crescent Society. Through a worldwide tracing network, the ICRC and
the Bangladesh Red Crescent reunite missing people with their families, and facilitate the repatriation of vulnerable
Bangladeshi migrants from abroad. The ICRC also works to improve and increase access to physical rehabilitation for the most
vulnerable disabled people.

6. Ratification and Overall Status of IHL in Bangladesh and Neighboring Countries

In Bangladesh: Since its emergence as an independent state, Bangladesh has become the 132nd High Contracting Party
to the four Geneva Conventions of 1949 and has declared itself bound by virtue of the previous ratification of those
Conventions by the state of Pakistan. Moreover, on 21 December, 1971 the United Nations Security Council had also called
upon "all those concerned to take all measures necessary to preserve human life and for the observance of the Geneva
Conventions of 1949 and to apply in full their provisions as regards the protection of wounded and sick, prisoners and civilian
population". There has been no objection to the assumption of such responsibilities by the state of Bangladesh. The
government has ratified 1977 Protocols Additional to the Geneva Conventions.

The other Conventions concerning IHL ratified by Bangladesh are the 1972 Biological Weapons Convention, the 1976
Environmental Modification Convention, the 1980 Conventional Weapons and its four Protocols, the 1993 Chemical Weapons

98
 Md. Mahabubur Rahman / International Journal of Multidisciplinary Sciences and Advanced Technology Vol 1 No 3 (2020) 96–105

Convention, and the 1997 Ottawa Anti-personnel Landmines Convention and the 2000 Optional Protocol to the Convention on
Rights of the Child. The government, however, has not ratified the 1954 Cultural Property Convention and its Protocol.

In India: There are direct or indirect references to international law in some Articles of the Indian Constitution. As to
the relationship between international law and the municipal law, Indian courts have steadily moved from a transformationalist
approach, requiring international law to be transformed into the municipal law through constitutional machinery before it has
any effect, to an incorporationalist approach that recognizes international law as having become part of the municipal law
without the intervention of domestic constitutional processes. The Supreme Court and High Courts have increasingly relied
upon international treaties and custom, particularly in the sphere of human rights and environmental law. In India the rules of
international law may be accommodated in the domestic law even without express legislative sanction provided they do not
run into conflict with Acts of Parliament. National courts will endorse international law but not if it conflicts with national law.
In Vellore Citizens’ Welfare Forum v Union of India, in the context of sustainable development in environmental law, the
Supreme Court reiterated that the rules of customary international law are deemed to be incorporated into the domestic law, so
long as they are not inconsistent.

In a case concerning the sexual harassment of women in workplaces, the Supreme Court observed that in the absence of
domestic legislation in the field, international conventions and norms can be read into fundamental rights under the
Constitution. Therefore, international conventions and custom can supplement existing legislation or relevant constitutional
provisions. India has ratified the four Geneva Conventions of 1949 but has neither signed nor ratified the three additional
protocols. The Geneva Conventions Act 1960 incorporates the Geneva Conventions into domestic law. Other statutes also
incorporate aspects of IHL into Indian domestic law. The Chemical Weapons Convention Act 2000 gives effect to the
Chemical Weapons Convention, which was ratified by India in 1996. It establishes a national authority for implementing the
provisions of the Chemical Weapons Convention, prohibits the use of chemical weapons, sets up an inspection regime and
contains provisions relating to offences and penalties. The Weapons of Mass Destruction and their Delivery Systems
(Prohibition of Unlawful Activities) Act 2005 provides for ‘integrated legal measures’ to exercise controls over the export of
materials, equipment, and technologies and prohibits unlawful activities in relation to weapons of mass destruction and their
means of delivery. It was enacted in pursuance of Resolution 1540 of the UN Security Council. These statutes provide a
framework for IHL discourse in India’s judicial system.

In Pakistan: Pakistan is having only one Act, Geneva Convention Implementation Act 1936, & 1963 which provided
for Rs. 50/- fine under Section 4 for violating emblem of the white cross on a red background. Pakistan is a signatory to the
four Geneva Conventions but not fulfilling its obligations in this regard. Pakistan has not yet sign Additional Protocols I & II.
Though National IHL Committee is very effective to implement IHL, Pakistan has not established the same. As a signatory to
the Geneva Conventions, Pakistan is lagging behind in fulfilling its obligations. The most important issue is that the
Government of Pakistan has not yet incorporated the Geneva Conventions and its Protocols into its domestic law. Once this is
done, the Government of Pakistan will disseminate the information and humanitarian law might even be taught across many
levels in academia. Right now, dissemination of IHL in Pakistan is mainly done by the ICRC.

In Myanmar: Myanmar has ratified the 4 Geneva Conventions on 25 August 1992. It has signed the Convention on the
Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction on 14
January 1993 and accessed the Treaty on the Non-Proliferation of Nuclear Weapons on 2 December 1992. It has also signed
some International Human Rights Treaties such as Convention on the Prevention and Punishment of the Crime of Genocide.
Myanmar has not signed the Additional Protocols to the Geneva Conventions.

Ratification status of IHL related treaties, conventions and protocols of the above-mentioned countries may be shown as
below:

Table 1. Ratification status of IHL instruments in Bangladesh and Neighboring Countries according to the ICRC

Treaties/Conventions/ Countries
Protocols, etc. Bangladesh India Pakistan Myanmar

VICTIMS OF ARMED CONFLICTS

Final Act of the Geneva - Signature: Signature: Signature:

Conference, 1949
12.08.1949 12.08.1949 12.08.1949

Geneva Conventions, Ratification / Ratification / Ratification / Ratification /

1949 Accession: Accession: Accession: Accession:

99
 Md. Mahabubur Rahman / International Journal of Multidisciplinary Sciences and Advanced Technology Vol 1 No 3 (2020) 96–105

04.04.1972 09.11.1950 12.06.1951 25.08.1992

Reservation/ Reservation /
Declaration: Declaration:

20.12.1988 12.06.1951

Final Act of the Signature: Signature: Signature: -

Diplomatic Geneva
Conference, 1974-1977 10.06.1977 10.06.1977 10.06.1977

Additional Protocol (I) to Ratification / - Signature: -

the Geneva Conventions, Accession:
1977 12.12.1977
08.09.1980

Additional Protocol (II) to Ratification / - Signature: -

the Geneva Conventions, Accession:
1977 12.12.1977
08.09.1980

Convention on the Rights Ratification / Ratification / Ratification / Ratification /

of the Child, 1989 Accession: Accession: Accession: Accession:

03.08.1990 11.12.1992 12.11.1990 15.07.1991

Reservation / Reservation /
Declaration: Declaration:

03.08. 1990 11.12. 1992

Optional Protocol on the Ratification / Ratification / Ratification / Ratification /

involvement of children Accession: Accession: Accession: Accession:
in armed conflict, 2000
06.09.2000 30.11.2005 17.11.2016 27.09.2019

Reservation / Reservation / Reservation / Reservation /

Declaration: Declaration: Declaration: Declaration:

06.09.2000 30.11.2005 17.11.2016 27.09.2019

METHODS AND MEANS OF WARFARE

Geneva Protocol on Ratification / Ratification / Ratification / -

Asphyxiating or Accession: Accession: Accession:
Poisonous Gases, and of
Bacteriological Methods, 20.05.1989 09.04.1930 15.04.1960
1925 Reservation / Reservation / Reservation /
Declaration: Declaration: Declaration:

20.05. 1989 09.04.1930 15.04. 1960

Convention on the Ratification / Ratification / Ratification / Ratification /

Prohibition of Biological Accession: Accession: Accession: Accession:
Weapons, 1972
13.03.1985 15.07.1974 03.10.1974 01.12.2014

Reservation /
Declaration:

15.07. 1974

Convention prohibiting Ratification / Ratification / Ratification / -

Certain Conventional

100
 Md. Mahabubur Rahman / International Journal of Multidisciplinary Sciences and Advanced Technology Vol 1 No 3 (2020) 96–105

Weapons (CCW), 1980 Accession: Accession: Accession:

06.09.2000 01.03.1984 01.04.1985

CCW Protocol (I) on Ratification / Ratification / Ratification / -

Non-Detectable Accession: Accession: Accession:
Fragments, 1980
06.09.2000 01.03.1984 01.04.1985

CCW Protocol (II) Ratification / Ratification / Ratification / -

prohibiting Mines, Accession: Accession: Accession:
Booby-Traps and Other
Devices, 1980 06.09.2000 01.03.1984 01.04.1985

CCW Protocol (III) Ratification / Ratification / Ratification / -

prohibiting Incendiary Accession: Accession: Accession:
Weapons, 1980
06.09.2000 01.03.1984 01.04.1985

Convention prohibiting Ratification / Ratification / Ratification / Ratification /

Chemical Weapons, 1993 Accession: Accession: Accession: Accession:

25.04.1997 03.09.1996 28.10.1997 08.07.2015

Reservation /
Declaration:

28.10. 1997

CCW Protocol (IV) on Ratification / Ratification / Ratification / -

Blinding Laser Weapons, Accession: Accession: Accession:
1995
06.09.2000 02.09.1999 05.12.2000

CCW Protocol (II) Ratification / Ratification / Ratification / -

prohibiting Mines, Accession: Accession: Accession:
Booby-Traps and Other
Devices, amended, 1996 06.09.2000 02.09.1999 09.03.1999

Reservation /
Declaration:

09.03. 1999

Anti-Personnel Mine Ban Ratification / - - -

Convention, 1997 Accession:

06.09.2000

Convention prohibiting Ratification / Ratification / - -

Certain Conventional Accession: Accession:
Weapons (CCW),
amended Article 1, 2001 26.09.2013 18.05.2005

CCW Protocol (V) on Ratification / Ratification / Ratification / -

Explosive Remnants of Accession: Accession: Accession:
War, 2003
26.09.2013 18.05.2005 03.02.2009

Treaty on the Prohibition Ratification / - - Signature:

of Nuclear Weapons, Accession:
2017 26.09.2018
26.09.2019

101
 Md. Mahabubur Rahman / International Journal of Multidisciplinary Sciences and Advanced Technology Vol 1 No 3 (2020) 96–105

NAVAL AND AIRWARFARE

London Treaty on - Ratification / - -

Limitation and Reduction Accession:
of Naval Armaments,
1930 27.10.1930

Procès-verbal on - Signature: - -
Submarine Warfare of the
Treaty of London, 1936 06.11.1936

CULTURAL PROPERTY

Final Act on the - Signature: - -

Protection of Cultural
Property, The Hague, 14.05.1954
1954

Hague Convention for the Ratification / Ratification / Ratification / Ratification /

Protection of Cultural Accession: Accession: Accession: Accession:
Property, 1954
23.06.2006 16.06.1958 27.03.1959 10.02.1956

Hague Protocol for the Ratification / Ratification / Ratification / Ratification /

Protection of Cultural Accession: Accession: Accession: Accession:
Property, 1954
23.06.2006 16.06.1958 27.03.1959 10.02.1956

Second Hague Protocol - - Signature: -

for the Protection of
Cultural Property, 1999 17.05.1999

CRIMINAL REPRESSION

Statute of the Ratification / - - -

International Criminal Accession:
Court, 1998
23.03.2010

Charter of the Nuremberg - Ratification / - -

Tribunal, 1945 Accession:

22.12.1945

Convention Statutory - Ratification / - -

Limitations to War Accession:
Crimes, 1968
12.01.1971

OTHER TREATIES RELATING TO IHL

Convention on the Ratification / Ratification / Ratification / Ratification /

Prevention and Accession: Accession: Accession: Accession:
Punishment of Genocide, 12.10.1957 14.03.1956
1948 05.10.1998 27.08.1959 Reservation /
Reservation / Reservation / Declaration:
Declaration: Declaration: 14.03. 1956

05.10. 1998 27.08. 1959

Convention prohibiting Ratification / Ratification / Ratification / -

environmental Accession: Accession: Accession:

102
 Md. Mahabubur Rahman / International Journal of Multidisciplinary Sciences and Advanced Technology Vol 1 No 3 (2020) 96–105

modification techniques 03.10.1979 15.12.1978 27.02.1986

(ENMOD), 1976

Arms Trade Treaty, 2013 Signature: - - -

26.09.2013

Convention for the - Signature: - -

Protection of all Persons 06.02.2007
from Enforced
Disappearance, 2006

The number of Treaties, Conventions, Protocols, etc. stated in Table 1 signed or ratified or accessed, as the case may be,
by Bangladesh and the neighboring countries may be shown in figure 1 below.

Figure 1. Ratification of IHL instruments by Bangladesh and Neighboring Countries

7. Findings and Recommendations

Both the application and bearing legal provisions of IHL in Bangladesh is found limited and inadequate since there is no
such situation where IHL has direct implication and the legal provision to translate the IHL into domestic legislation is
outdated and in some of the cases there are absence of appropriate legislative instruments. Therefore, the following measures
can be suggested for the proper implementation of IHL in Bangladesh:

 It is evident from the preceding discussion, that the government of Bangladesh has not yet passed appropriate
legislation to give effect to the 1949 Geneva Conventions and its Protocols. Therefore, it is expected that
positive steps would be taken to enact suitable legislation for implementing IHL in its proper perspective to
suit and meet the needs of the time.
 The Geneva Conventions Implementing Act, 1936 which is far short, incomplete and unsatisfactory in terms
of fulfilling the obligations of the government of Bangladesh under the Geneva Convention should be
replaced by amended with suitable and appropriate provisions addressing the requirements of the
Conventions and demand of the time.
 For the promotion of implementation of IHL at the national level, a National Committee may be formed
which would be in a position to evaluate national legislation, judicial decisions and administrative provisions
in the light of the obligations steaming from the Geneva Conventions and their additional Protocols.
 Government may take assistance and cooperation from the ICRC and the Bangladesh Red Crescent Society
in fulfilling of its obligation.

103
 Md. Mahabubur Rahman / International Journal of Multidisciplinary Sciences and Advanced Technology Vol 1 No 3 (2020) 96–105

 To implement the humanitarian rules in time of war, the government of Bangladesh must take action in peace
time, by enacting necessary laws, by adopting internal regulations and administrative measures, and by
making the Conventions and Protocols widely known as possible to the people.

8. Conclusion

Adoption of Conventions, strictly speaking, is only a first stage, the intention is that these standards should be embodied
in the law of the member countries is the second stage; and the actual implementation and enforcement of these standards at
the domestic level is the final stage. Hence treaties and conventions, which constitute IHL, could well remain a dead letter
unless internal legal and practical measures for implementation are taken within State system to guarantee their application.
Despite Bangladesh is a state party to so many instruments on IHL and related instruments, nonetheless, due to some
unavoidable prevailing circumstances and limitations it could not make a remarkable progress in the field of domestic
legislation and their implementation. Bangladesh is also visualizing the possible multidimensional effects of such law on our
other domestic criminal law, special law, Army Acts, judicial & criminal administration of Justice and Constitution. There is a
need to harmonize between the upcoming legislation and existing relevant statutes. Therefore, for an effective national
legislation and domestic implementation of four Geneva Convention, their two Additional Protocols and other related IHL
instruments a complete and worthwhile national enactment vis-à-vis necessary changes in the existing procedural and other
related laws need be brought.

References

Srinivas Burra and R. Rajesh Babu (Springer, 2018). Locating India In the Contemporary International Legal Order.

Javaid Rehman and Ayesha Shahid. (Ed). (2018, August 23). The Asian Yearbook of Human Rights and
Humanitarian Law. BRILL.

Event Report (2017, April 27-28). INTERNATIONAL HUMANITARIAN LAW IN ASIA REGIONAL
CONFERENCE ON GENERATING RESPECT FOR THE LAW. Singapore.

Nils Melzer. (Ed). (2016). International Humanitarian Law: A Comprehensive Introduction. Retrieved from
https://www.jep.gov.co/Sala-de-Prensa/Documents/4231_002-IHL_WEB_13.pdf
Harland, Christopher. (Ed). Basic Documents on IHL-South Asia Collection, Geneva: ICRC.

Fleck Dieter. (2009). The Handbook of International Humanitarian Law, Oxford: Oxford University Press.

Maybee, Larry (2007). International Humanitarian Law: A Reader for South Asia, New Delhi: International
Committee of the Red Cross.

Rashid, H. (1998). International Law, Dhaka.

Hans-Peter Gasser (2006). International Humanitarian Law, New Delhi: International Committee of the Red Cross.

Maybee, Larry and Sowmya, K.C. (2007). 30 Years of the 1977 Additional Protocols to Geneva Conventions of 1949,
New Delhi: ICRC and ISIL.

Patwari, A.B.M. Mafizul Islam (1993). International Humanitarian Law: Principles and Issues, Dhaka: Asiatic Society
of Bangladesh.

Patwari, A.B.M. Mafizul Islam and Akhtaruzzaman, Md. (1993). Principles of Human Rights and Legal Aid, Dhaka:
Humanist and Ethical Association of Bangladesh.

Ministry of Law, Justice and Parliamentary Affairs Brief for the Visit of the Hon’ble Minister to the Republic of
Uganda, (2010). Dhaka (restricted).

104
 Md. Mahabubur Rahman / International Journal of Multidisciplinary Sciences and Advanced Technology Vol 1 No 3 (2020) 96–105

Social Science Research Network. (2013, Sep 20). International Humanitarian Law in Indian Courts: Application,
Misapplication and Non-Application. Retrieved from the Social Science Research Network website:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2327921

Ramcharan, B.C. (1983). The Role of International Bodies in the Implementation and Enforcement of Humanitarian
Law and Human Rights in Non-International Armed Conflicts, The American University Law Review, Vol. 33, No. 1, 1983,
p.99.

Journal of Peace and Research. (1987). Humanitarian Law in Armed Conflict: The Role of International
Nongovernmental Organizations. Retrieved from the Journal of Peace and Research website:
https://www.jstor.org/stable/424369?seq=1

ICRC. (1994). Hand book of the International Red Cross and Red Crescent Movement.

Paust, J.J., and Blaustein, A.P. (1978). "War Crimes Jurisdiction and Due Process: The Bangladesh Experience".
Vanderbilt Journal of Transnational Law Vol. 11, No. l.

Finn Ruda. Protecting life and dignity of people. The Daily Star on 5 September 2009. Retrieved from the Daily Star
website: http://archive.thedailystar.net/law/2009/09/01/interview.htm

105