Request for the indication of Interim Measures of Protection

CASE CONCERNING TRIAL OF PAKISTANI
PRISONERS OF WAR

(PAKISTAN v.INDIA)

AFF.AIRE RELATIVE AU PROCÈS
DE PRISONNIERS DE GUERRE PAKISTANAIS

(PAKISTAN c. INDE) REQUESTFORTHEINDICATION
OFINTERIMMEASURESOFPROTECTION REQUEST

The Hague, 11 May 1973

111accordance with Article 41 of the Statute, as read with Article 66 of the
Kules of Court, I have the honour to address to you a request to the Court
for indication of interini nieasures of protection in the case instituted by the
Governriient of Pakistan against the Government of India relating to the con-
tinued detention of over 92,000 Pakistani Prisoners of War and civilian internees
and the threatened transfer of one hundred and ninety-five or any other number

of such persons to "Bangla Desh" for the purpose of trial for alleged acts of
genocide.
2. In that Application the Governrncnt of Pakistan have prayed as follows:

(1) That Pakistan has an exclusive right to exercise jurisdiction over the
one huiidred and ninety-!ive Pakistani nationals or any other number,
now in Indian custody, and accused of conimitting acts of genocide in
Pakistani territory, by virtue of the application of the Convention on
the Prcvention and Punishmcnt of the Crime of Genocide of 9 Decctnber
1948, and that no othcr Government or authority is competent to
exercise such juriscliction.
(2) That the allcgations against the aforesaid prisoners of war are related
to acts of genocide, and the concept of "crimes against humanity" or
"war crinies" is not applicable.

(3) That there can be no ground whatever in international law, justifying
the transfer of custody of these one hundred and ninety-five or any
other nuniber of prisoriers of war to "Bangla Desh" for trial in the face
of Pakistan's exclu.siveright to exercise jurisdictiori over its nationals
accused of commi.tting offences in Pakistrin territory, and that India
would act illegally in transferring such persons to "Bangla Desh" for
trial.
(4) That a "Cornpetent Tribunal" within the meaning of Article VI of the
Genocide Convention melins a Tribunal of impartial judges, applying
international law, and permitting the accused to be defended by

counsel of their choice. The Tribunal cannot base itself on expost facto
laws nor violate any provisions of the Declaration of Human Rights.
in view of these and othcr requirements of a "Competent Tribunal"
even if lndia could legally tratisfer Pakistani Prisoners of War to
"Bangla Desh" foi-trial, which is not admitted, it would be divested of
that freedom since in the atmosphere of hatred that prevails in "Bangla
Desh", such a "Competent Tribunal" cannot be created in practice nor
can it be expectcd .?perform in accordance with accepted international
standards of justice.

3. In order, therefore, to preserve the respective rights of the parties pending
the decision of that case, i.hc Governnient of Pakistan prays for the Court to
indicate the followirig interim measures of protection:

(1) Tlirit the process of repatriation of prisoners of war and civilian
internecs in accordiince with international law, which has already

begun. stiould tiot be interrupted by virtue of charges of genocide
iigriiriLIcertain riumber of itidividuals detained in India.1& PAhlSIANI PKISONEKS 01' WAK

(2) That such individuals, as are in the custody of India and are charged
with alleged .acts of genocide, should not be transferred to "Bangla
Desh" for trial till such time as Pakistan's claimto exclusivejurisdiction

and the lack of jurisdiction of any other Government or authority in
this respect has been adjudged by the Court.