Right to Self Determination of Bangladesh in 1971: A critical Study based on International Law

Abstract

The right to self-determination is a cornerstone of international law, enshrined in the United Nations Charter and other key legal instruments. This research critically examines the case of Bangladesh's independence in 1971, analyzing its foundation within the framework of international law. The paper explores how the systemic political, economic, and cultural oppression faced by East Pakistan under West Pakistani rule culminated in a legitimate claim for self-determination. The study assesses the events leading to Bangladesh's independence, focusing on the international legal principles of self-determination, including its applicability in cases of colonial domination, gross human rights violations, and the denial of democratic governance. The role of external factors, particularly India's intervention, is scrutinized for its compliance with international law and its influence on the legitimacy of Bangladesh's self-determination. By evaluating legal doctrines such as remedial secession and the principle of territorial integrity, the paper seeks to address whether Bangladesh’s path to independence adhered to established international norms or contributed to their evolution. This research highlights the tension between the rights of oppressed peoples and the sanctity of state sovereignty, offering critical insights into the transformative potential of self-determination in the international legal order. The findings aim to contribute to academic discourse on self-determination, using Bangladesh’s liberation as a case study to understand its implications for contemporary struggles for independence and human rights.