“The 1974 tripartite agreement is the cornerstone of relations between the two countries. It should be stressed that, as part of the agreement, the Government of Bangladesh has decided not to pursue the processes as an act of grace,” he said. (ALSO READ:Stop interference in internal affairs: Bangladesh says Pakistan). But Bangladesh reached the agreement because Pakistan held 203 Bangladeshi officials hostage for its 195 high-ranking officers. It also made the repatriation of four Lakh-Bangladeshis uncertain and imposed strong international pressure on Bangladesh. Although the agreement called for the repatriation of Russian-speaking biharis to Bangladesh, the Pakistani government withdrew its promise to relocate the Community to Pakistan.  This led to the stateless Pakistani community stranded in Bangladesh. After the surrender of the Pakistani army, nearly 93,000 Pakistani soldiers and civilians were transferred to India as prisoners of war. On 21 December 1971, the UN Security Council adopted a resolution calling on the parties to respect the Geneva Convention and not to bind conditions to the repatriation of prisoners of war. Article 118 of the Geneva Convention (1949) stipulates that prisoners of war must be repatriated immediately after the end of hostilities.
It also provides that the authorities are required to draw up a repatriation plan. India stated that the Pakistani army had surrendered to the joint command of India and Bangladesh and that it was therefore not India`s jurisdiction to recover the prisoners of war themselves. On the other hand, Sheikh Mujib-your-Rahman had stated that he would not participate in any bilateral or trilateral meetings unless Bangladesh had been recognized by Pakistan. On 28 August 1973, India and Pakistan signed an agreement in Delhi for the repatriation of 93,000 civilian and military prisoners to Pakistan. Bengalis in Pakistan should be repatriated to Bangladesh. Mujib your Rahman clung to his request to try 195 war criminals. Bhutto insisted that Pakistan would not recognize Bangladesh until all prisoners of war were released. Pakistan`s recognition of Bangladesh in February 1974 led to a rapprochement between the two countries. A tripartite agreement between India-Pakistan-Bangladesh, signed in April 1974, resolved all contentious issues related to the 1971 war and also paved the way for the return of 195 war criminals.
The last group of prisoners of war reached Lahore in April 1974. The 195 officers of the Pakistani army are morally and legally responsible for the 1971 genocide, and Bangladesh has the moral and legal rights to bring them to justice. Pakistan`s apology for the 1974 agreement gives it no time frame. This is the latest in our series that revealed Pakistan`s moral hypocrisy and double language on war crimes committed by its army in Bangladesh in 1971. Dhaka, May 14: Bangladeshi Justice Minister Anisul Huq said Saturday that the 1974 tripartite agreement was no longer valid because Pakistan was violating the agreement by not reverting to its stranded citizens. Read also – PUBG Mobile: list of countries where mobile gaming was banned in 2020 Howard S. Levie, “The Indo-Pakistani Agreement of August 28, 1973” The American Journal of International Law, Vol. 68, No. 1 (Jan., 1974).
A. Dirk Moses, War Crimes/Genocide Trials for Pakistani Soldiers in Bangladesh, 1971-1974, the United Nations, Humanitarianism, and Human Rights, 2010. Pakistan on Thursday rejected Dhaka`s new request for Islamabad to formally apologize for atrocities committed by its army in 1971 and said the problem had been resolved as part of a tripartite agreement between the two countries and India in 1974. SaminaFakhruddin, “Pakistan`s relationship with India and Bangladesh,” Pakistan Horizon, Vol. XXVII No.2, 1974. The treaty came into force on August 8, 1973 and expired on July 1, 1974. Under the agreement, UNHCR oversaw the repatriation of citizens from Bangladesh and Pakistan. According to the UN, 121,695 Bengalis have been transferred from Pakistan to Bangladesh.