1961-62 WAR CRIMES IN GOA By Franco Fernandes, Chorão

What are War Crimes ?

Genocide, crimes against humanity, mistreatment of civilians or combatants during war can all fall under the category of war crimes. Genocide is the most severe of these crimes.

Mass rape, or rape used as a tool of war, was then elevated from being a violation of the customs of war to one of the most heinous war crimes of all - second only to genocide.

Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) killing members of the group; 

(b) causing serious bodily or mental harm to members of the group; 

(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; 

(d) imposing measures intended to prevent births within the group; 

(e) forcibly transferring children of the group to another group.

Crimes against humanity

The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population:

(a) murder; 

(b) extermination; 

(c) enslavement; 

(d) deportation; 

(e) imprisonment; 

(f) torture; 

(g) rape; 

(h) persecutions on political, racial and religious grounds; 

(i) other inhumane acts.

Violations of the laws or customs of war

The International Tribunal shall have the power to prosecute persons violating the laws or customs of war. Such violations shall include, but not be limited to:

(a) employment of poisonous weapons or other weapons calculated to cause unnecessary suffering; 

(b) wanton destruction of cities, towns or villages, or devastation not justified by military necessity; 

(c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings; 

(d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science; 

(e) plunder of public or private property.

RELEVANT FACTS: 

Estado da Índia Portuguêsa [EIP] was a Province of Portugal not a colony and was listed in the official UN list of Internationally recognized Provinces that both Portugal and the Indian Union  were Signatories.

The Indian Union had recognized the Estado da Índia Portuguêsa [EIP] in the Indian subcontinent as a neighbouring country administered by Portugal and even held a Consulate General of India in Pangim from 1947 up to early 1955. 

In 1961 Indian Union with “No Declaration of War” Invaded Goa, Damão e Diu, a Province of Portugal on false pretenses and occupied its territory. 

There was No Plebiscite 

Goans did not sign any Instrument of Accession with Indian Union.

War crimes committed by Indian Union against the people of Goa in 1961 and thereafter

- Ethnic cleansing of Goans from the occupied areas of Goa.  An Estimated 17% of Goa’s 600000 Population = 102000 people after 1961 were brutally expelled from their homes and properties.

- Influx of Indian settlers who were settled in Goa illegally, following the displacing of Ethnic Goans.

- Torture and Imprisonment of Goan Civilians who raised their voice against Indian Union Occupation of Goa.

- Rape of Goan Girls and Women by Indian Military.

- Murder of Goan Soldiers who were defending their Motherland Goa.

- Murder of Goan Civilians by bombarding Civilian Targets like Radio Station, Houses etc

- Looting of Goan private properties including Cars, Shops, Household items etc by Indian Officials

- Bombarding Civilian Airport

- Plunder of [EIP] Public Properties

- Goans soldiers who were defending their Motherland were kept as Prisoners of War.

- Ill treatment, Humiliation, of innocent Goan civilians premeditated and on a vast scale. 

LAW/CONVENTIONS/STATUTES VIOLATED BY INDIAN UNION

- Geneva convention for prisoners of war. 

- Geneva convention of 1949

- United Nations Charter 

-  Hague Conventions

- International Law

- Genocide Convention

- Rome Statue

- European Aquis 

- European Conventions on Human Rights. 

- Universal Declaration for Human Rights.