"In the voice of the oppressed, you shall hear a cry;
In the fury of the storm, see a tear in the sky."
-- Kazi Nazrul Islam
In the quiet villages that line the Bangladesh-India border, life often unravels with a cruel abruptness. The serene mornings of farmers, traders, and schoolchildren are interrupted by the deafening cracks of gunfire. Families, whose only desire is peace, face unimaginable pain as their loved ones fall victim to border killings -- a brutal practice with no regard for human life, law, or justice. The case of Felani Khatun, whose body was found hanging on a barbed wire fence, is a grim reminder of the plight of the innocent. Felani’s death, immortalized in a haunting photograph, became a symbol of the atrocities occurring on the Bangladesh-India border. The grief of her family is shared by hundreds more, as the killing of innocent civilians has persisted year after year. In 2024, 16-year-old Swarna Das was among those whose lives were abruptly ended in this violence.
Each of these deaths marks not only the end of a life but the loss of dreams, aspirations, and the dignity that should be afforded to all human beings. And yet, in the face of such tragedy, silence cannot be the answer. For every voice that is silenced by violence, countless others must rise up in protest. The border between Bangladesh and India, rather than being a symbol of peaceful coexistence, has instead become a cemetery for the innocent. This is not just about territorial integrity or security. This is about humanity, the right to live without fear, and the right for families to embrace their loved ones without fearing that a stray bullet will claim them. Bangladesh, a proud nation, must stand firm in its pursuit of justice -- not just for those already taken but for the future of all who live along the border.
Legal avenues for accountability: International law and border killings
Bangladesh cannot allow these killings to go unanswered. Beyond bilateral diplomacy, the international legal framework offers several avenues to hold India accountable for the deaths of its citizens.
"The right to life is the foundation of all human rights. Without the protection of this basic right, no other rights are meaningful."
-- United Nations
- International Court of Justice (ICJ)
The International Court of Justice (ICJ) is the principal judicial body of the United Nations, and Bangladesh has standing to bring a case against India for violations of international human rights law. Under the International Covenant on Civil and Political Rights (ICCPR), India is obligated to prevent arbitrary killings by its security forces, including the Border Security Force (BSF). Bangladesh could argue that India’s actions constitute a breach of Article 6 of the ICCPR, which recognizes the right to life, and that India has failed in its duty to protect the right to life of Bangladeshi citizens.
Historically, the ICJ has ruled on matters involving state responsibility for violent actions by military or security forces. In the Corfu Channel Case (1949), the ICJ held Albania responsible for the deaths of British sailors caused by mines in Albanian waters. Similarly, Bangladesh could argue that India is responsible for the deaths caused by its border forces and must be held accountable under international law.
- International Criminal Court (ICC)
The International Criminal Court (ICC) may also offer a legal pathway for addressing the ongoing killings. While the ICC primarily prosecutes crimes like genocide and war crimes, it also has jurisdiction over crimes against humanity. Crimes against humanity are defined as widespread or systematic attacks on civilians. If Bangladesh can demonstrate that the BSF’s killings constitute a broader, systematic policy of violence, the case could be brought before the ICC.
Under the Rome Statute, which Bangladesh ratified in 2009, the ICC has jurisdiction over crimes committed by state actors that violate international law. The killing of innocent civilians at the border, particularly if it is part of an ongoing pattern of violence, could fall under the purview of the ICC. Should Bangladesh pursue this path, it could potentially lead to prosecutions of both the BSF personnel involved and Indian officials responsible for authorizing such policies.
The cry for justice is growing louder. It is time for Bangladesh to act -- through international courts, diplomatic efforts, and the unwavering pursuit of accountability
International law obliges states to prevent their security forces from violating the rights of foreign nationals. Customary international law, reinforced by the rulings of bodies like the ICJ and its predecessor, the Permanent Court of International Justice (PCIJ), holds that states must make reparations for wrongful acts committed by their forces.
In the Chorzów Factory Case (1928), the PCIJ established that states committing internationally wrongful acts must make reparations to the injured party. Applying this precedent, Bangladesh could argue that India must compensate the families of the victims of BSF violence. Additionally, India would be required to provide assurances that such actions will not occur again, either by reforming the BSF’s rules of engagement or by establishing more robust mechanisms to ensure accountability.
Seeking justice domestically and strengthening bilateral diplomacy
Bangladesh must continue to push for diplomatic resolutions to these killings. The government should advocate for the creation of a Bangladesh-India Border Commission, which could oversee investigations into border-related deaths and work toward preventing further violence. This commission, with international oversight, would ensure that both countries uphold their commitments to human rights and transparency. Bangladesh should also engage with international human rights organizations such as the United Nations Human Rights Council (UNHRC), Human Rights Watch (HRW), and Amnesty International. These groups can help amplify the issue on the global stage, pressuring India to adhere to its obligations under international human rights law.
The path to justice and accountability
The killings on the Bangladesh-India border are a violation of the most basic human right -- the right to life. They represent a failure of diplomacy, a breakdown of the rule of law, and a crisis of human rights. Bangladesh must not only demand justice for those already lost but work tirelessly to ensure that no more lives are taken unjustly.
As Kazi Nazrul Islam once wrote:
"The oppressed may weep in silence,
But the world shall echo with their cry."
The cry for justice is growing louder. It is time for Bangladesh to act -- through international courts, diplomatic efforts, and the unwavering pursuit of accountability. Only then will the border cease to be a place of violence, and only then will the memories of Felani, Swarna, and the countless others be honored with the justice they deserve. As we reflect on the heartbreaking realities faced by those who live in the shadow of this violence, let us stand in solidarity with the families who have lost loved ones. It is not just their struggle; it is ours as well. Justice delayed is justice denied, and the time for action is now. We must ensure that every life lost is a call to arms for justice, accountability, and an unwavering commitment to upholding the sanctity of human life.
Ataur Rahman Kollol is an advocate at the Dhaka Judge Court and a political and human rights activist.
