India’s 1971 Intervention :

In Conformity with Just War Theory?

Authors

  • Vaasu Sharma Student Think Tank for Europe-Asia Relations

DOI:

https://doi.org/10.54945/jjia.v2i5.79

Keywords:

India, War, 1971, War theory

Abstract

Just War tradition is used to morally evaluate the warfare which nations wage against each other. This paper aims to employ Just War principles to the 1971 IndiaPakistan war, that witnessed humanitarian intervention by India in East Pakistan which later became Bangladesh. Whether Indian intervention during 1971 Bangladesh liberation war fulfils the criteria of ‘just’ humanitarian intervention? This paper aims to investigate this related question by examining India’s intervention in East Pakistan from the perspective of Just War Theory principles. The paper initially explains the theoretical concept of Just War theory and then explains the notion of humanitarian intervention within the realm of Just War tradition advocated by Michael Walzer. Further the paper provides a brief background of genesis of 1971 war and Pakistan’s claim to sovereignty over East Pakistan citing UN Charter. Paper then delves upon the arguments provided by the Indian side in favour of Just Humanitarian Intervention in the backdrop of increasing brutality by Pakistan. Paper further, broadly assesses India’s intervention in terms of Jus Ad Bellum and six principles associated with it and also Jus in Bello and its subsequent principles. Paper finally concludes that India’s Intervention was in conformity with Just War Principles.

Downloads

Download data is not yet available.

Metrics

Metrics Loading ...

Author Biography

Vaasu Sharma, Student Think Tank for Europe-Asia Relations

Vaasu Sharma is associated with STEAR (Student Think Tank for Europe-Asia Relations), world's first Europe-Asia Student Think Tank,as an Events Officer. He has done his Masters in International Relations with specialization in Diplomacy Studies from University of Haifa in Israel. He was associated with BRICS International Youth Forum from 2016 to 2017. At present he is also associated with the Confederation of Indian Industry (CII) as an Executive in the International Department.

Downloads

Published

2021-12-01

How to Cite

Sharma, V. (2021). India’s 1971 Intervention : : In Conformity with Just War Theory?. Jindal Journal of International Affairs, 9(2), 53–65. https://doi.org/10.54945/jjia.v2i5.79

Issue

Vol. 9 No. 2 (2021)

Section

Articles
Crossref
Scopus
Google Scholar
Europe PMC

References

Nardin, Terry. (2013). From Right to Intervene to Duty to Protect: Michael Walzer on Humanitarian Intervention. European Journal of International Law. 24. 67-82. 10.1093/ejil/chs085. DOI: https://doi.org/10.1093/ejil/chs085

Gary J. Bass, The Indian Way of Humanitarian Intervention, 40 Yale J. Int'l L. (2015). (Website link: https://digitalcommons.law.yale.edu/yjil/vol40/iss2/2/)

Cook, M. (2001). Morality and Contemporary Warfare. By James Turner Johnson. New Haven: Yale University Press1999. Journal of Law and Religion, 16(2), 1019-1024. doi:10.2307/1051767 DOI: https://doi.org/10.2307/1051767

Habib, H. (2005, June 30). Homage to a hero. Retrieved October 24, 2020, from https://frontline.thehindu.com/world-affairs/article30205179.ece

Welles, B. (1972, April 05). Bangladesh Gets U.S. Recognition, Promise Of Help. Retrieved October 24, 2020, from https://www.nytimes.com/1972/04/05/archives/bangladesh-gets-usrecognition-promise-of-help-rogers-announces-the.html

Walzer, M. (2006). Just and unjust wars: A moral argument with historical illustrations. New York: Basic Books

Goswami, N. (2014). Just war theory and the India's intervention in East Pakistan, 1971

Orend, B. (2006). The morality of war. Peterborough, Ont: Broadview Press.

Said, Z. (1972). The Indo-Pakistan Conflict Of 1971—Legal Aspects. Pakistan Horizon, 25(1), 78-97. Retrieved October 9, 2020, from http://www.jstor.org/stable/41393116

United Nations Charter (https://www.un.org/en/charter-united-nations/)

Genocide Conventions (https://iccforum.com/genocide-convention)

Franck, T., & Rodley, N. (1973). After Bangladesh: The Law of Humanitarian Intervention by Military Force. The American Journal of International Law, 67(2), 275-305. doi:10.2307/2199432 DOI: https://doi.org/10.2307/2199432

Aranha, J. (2019, April 29). In 1971, 300 Bhuj Women Risked Their Lives to Revive a Bombed Airstrip in 3 Days. Retrieved October 25, 2020, from https://www.thebetterindia.com/173795/iaf-indo-pak-war-bhuj-history-vijaykarnik/

Banerjee, S. S. (2019, March 2). The True Story of India's Decision to Release 93,000 Pakistani POWs After 1971 War. Retrieved October 26, 2020, from https://thewire.in/history/the-untold-story-behind-indira-gandhis-decision-torelease-93000-pakistani-pows-after-the-bangladesh-war