Research Articles
| Open Access |
https://doi.org/10.55640/ijssll-05-02-01
Border Enforcement and Human Rights: A Critical Examination of Violence and International Obligations
Abstract
This critical analysis investigates instances of violence and human rights violations occurring at international borders, with a particular focus on the India-Bangladesh border, and examines the international legal and ethical perspectives to ensure the safety and protection of human rights. Despite the sovereign right of states to control their borders, international law mandates adherence to human rights principles, including the right to life, freedom from torture, and due process, even for individuals attempting irregular entry. This study synthesizes reports from human rights organizations, academic analyses, and media accounts to document the scale and nature of border-related fatalities and abuses. The findings reveal a persistent pattern of excessive force, torture, and extrajudicial killings by border security forces, particularly along the India-Bangladesh frontier, often in the context of preventing smuggling or illegal crossings. This research critically analyzes the justifications offered by states for such actions against the backdrop of international human rights law and humanitarian principles. It argues that current enforcement practices frequently contravene international obligations and undermine the safety of individuals. The study concludes by proposing a framework for international cooperation and accountability mechanisms to ensure that border management prioritizes human rights safety and adheres to ethical standards, advocating for non-lethal methods and transparent investigations of all alleged violations.
Keywords
Border Violence, Human Rights Violations, International Law, Border Security, India-Bangladesh Border, Extrajudicial Killings, Torture, Migrant Safety
References
1. "India: New Killings, Torture at Bangladeshi Border". Human Rights Watch.
2. "Border Management: Dilemma of Guarding the India-Bangladesh Border". IDSA.
3. https://www.loc.gov/item/global-legal-monitor/2015-08-11/bangladesh-india-decadeslong-border-dispute-resolved-through-implementation-of-land-swap-agreement/. (Note: This reference is cited multiple times as it covers border disputes and legal aspects).
4. https://ndcjournal.ndc.gov.bd/ndcj/index.php/ndcj/article/view/132?. (Note: This reference is cited multiple times as it covers border management issues).
5. https://en.wikipedia.org/wiki/Bangladesh%E2%80%93India_border?.
6. https://southasiajournal.net/bangladesh-india-border-haats-strengths-weaknessesopportunities-threats/?. (Note: This reference is cited multiple times as it covers border dynamics).
7. https://thediplomat.com/2024/02/the-deadly-border-between-bangladesh-and-india/?. (Note: This reference is cited multiple times as it covers border fatalities).
8. https://www.foreignpolicyindia.in/2024/10/borderline-dilemmas-india-bangladesh.html.
10. https://www.hrw.org/news/2010/12/09/india/bangladesh-indiscriminate-killings-abuse-border-officers.
12. https://archive.org/details/indiasborderland0000orto.
13. https://www.loc.gov/item/global-legal-monitor/2015-08-11/bangladesh-india-decadeslong-border-dispute-resolved-through-implementation-of-land-swap-agreement/?. (Note: This reference is cited multiple times as it covers border disputes and legal aspects).
14. https://www.usip.org/publications/2023/05/why-we-should-all-worry-about-china-indiaborder-dispute. (Note: This reference seems to be about China-India border dispute, not directly relevant to human rights at borders. It was included as provided but its direct relevance to the article's content is minimal).
15. https://www.loc.gov/item/global-legal-monitor/2015-08-11/bangladesh-india-decadeslong-border-dispute-resolved-through-implementation-of-land-swap-agreement/?. (Note: This reference is cited multiple times as it covers border disputes and legal aspects).
16. https://southasiajournal.net/bangladesh-india-border-haats-strengths-weaknessesopportunities-threats/. (Note: This reference is cited multiple times as it covers border dynamics).
17. https://thediplomat.com/2024/02/the-deadly-border-between-bangladesh-and-india/. (Note: This reference is cited multiple times as it covers border fatalities).
18. "Cattle in the way: India, Bangladesh trade smuggling charges". Times of India.
19. "Indian Border Security Force (BSF) and Indian miscreants kill 607 Bangladeshis in 7 years". Odhikar. 31 December 2006. Retrieved 30 May 2020.
20. "India says 59 killed over last six months on Bangladesh border". Reuters. 24 August 2008. Archived from the original on 26 October 2008. Retrieved 29 May 2020.
21. "Threefold rise in border killing in 2019". The Dhaka Tribune. 11 July 2019. Retrieved 30 May 2019.
22. "Human Rights Violation by Indian Border Security Force (BSF) against Bangladeshi Citizens: 2000 - 2021" (PDF). odhikar.org/. Odhikar. 20 February 2022. Retrieved 20 February 2023.
23. "ANNUAL HUMAN RIGHTS REPORT 2022 BANGLADESH" (PDF). odhikar.org/. Odhikar. 1 January 2022. Retrieved 20 February 2023.
24. https://www.dw.com/en/india-turning-the-bangladeshi-border-into-a-political-issue/a58580608?. (Note: This reference is cited multiple times as it covers political issues at the border).
26. https://www.elgaronline.com/edcollchap/edcoll/9781839108891/9781839108891.00005.xml.
27. https://www.americanprogress.org/issues/immigration/](https://www.americanprogress.org/issues/immigration/). (Note: This reference is cited multiple times as it covers US immigration issues).
28. (https://www.pbs.org/newshour/nation/trump-administration-border-wall-immigration). (Note: This reference is cited multiple times as it covers US immigration issues).
29. (https://www.reuters.com/article/us-usa-immigration-border-idUSKCN1VV2B4). (Note: This reference is cited multiple times as it covers US immigration issues).
30. https://www.drishtiias.com/blog/bangladesh-crisis-and-its-implications-for-india. (Note: This reference is cited multiple times as it covers Bangladesh crisis and implications for India).
31. https://diplomatist.com/2024/09/27/how-the-bangladesh-crisis-is-influencing-indiasborder-security-measuresin-the-northeast/. (Note: This reference is cited multiple times as it covers Bangladesh crisis and implications for India).
32. https://www.telegraphindia.com/india/india-bangladesh-discuss-land-port-issuescommit-to-better-border-facilities/cid/2062643. (Note: This reference is cited twice as it covers border facilities).
33. https://www.drishtiias.com/daily-updates/daily-news-editorials/india-bangladeshrelations-3.
34. "BGB member killed in BSF firing at Benapole border". The Business Standard. A brush with Bangladesh".
35. "Bangladesh guards die in India border clash". Irish Times. Bangladesh sees highest border deaths in 10 years". Dhaka Tribune.
36. "2 BSF men killed in Saturday's clash with BDR, bodies handed over". BDNews24. Archived from the original.
37. Khan, Shahedul Anam. "Clashes on our borders". The Daily Star. BDR tortures, kills BSF officer". Times of India.
38. "BGB kills 2 Indians". BDNews24. 11 February 2013. Archived from the original. BSF jawan killed in firing by Bangla border guards; BGB says action in 'self defence'".
39. "LOSS on both sides". The Daily Star. Bangladeshi 'tortured to death' by BSF in Satkhira". The Daily Star.
40. "Indian Border Security Force (BSF) and Indian miscreants kill 607 Bangladeshis in 7 years". Odhikar. 31 December 2006. Retrieved 30 May 2020. (Note: This reference is cited multiple times as it covers border killings statistics).
41. "India says 59 killed over last six months on Bangladesh border". Reuters. 24 August 2008. Archived from the original on 26 October 2008. Retrieved 29 May 2020. (Note: This reference is cited twice as it covers border killings statistics).
42. "Threefold rise in border killing in 2019". The Dhaka Tribune. 11 July 2019. Retrieved 30 May 2019. (Note: This reference is cited twice as it covers border killings statistics).
43. "Human Rights Violation by Indian Border Security Force (BSF) against Bangladeshi Citizens: 2000 - 2021" (PDF). odhikar.org/. Odhikar. 20 February 2022. Retrieved 20 February 2023. (Note: This reference is cited twice as it covers border killings statistics).
44. "ANNUAL HUMAN RIGHTS REPORT 2022 BANGLADESH" (PDF). odhikar.org/. Odhikar. 1 January 2022. Retrieved 20 February 2023. (Note: This reference is cited twice as it covers border killings statistics).
45. "BD–India border issues". The Daily Star. 26 August 2014. Retrieved 17 April 2017.
46. "Deaths along border matter of grave concern: PM. The Daily Star. 20 December 2016. Retrieved 17 April 2017.
47. https://www.reuters.com/world/europe/south-korea-says-north-korean-soldiers-are-fighting-ukraine-forces-2024-11-13/. (Note: This reference seems entirely irrelevant to the topic. It was included as provided but its direct relevance to the article's content is minimal).
50. https://www.elgaronline.com/edcollchap/edcoll/9781839108891/9781839108891.00005.xml. (Note: This reference is cited multiple times as it covers legal aspects of border control).
51. https://www.americanprogress.org/issues/immigration/](https://www.americanprogress.org/issues/immigration/). (Note: This reference is cited multiple times as it covers US immigration issues).
52. (https://www.pbs.org/newshour/nation/trump-administration-border-wall-immigration). (Note: This reference is cited multiple times as it covers US immigration issues).
53. (https://www.reuters.com/article/us-usa-immigration-border-idUSKCN1VV2B4). (Note: This reference is cited multiple times as it covers US immigration issues).
54. Shahriar, Saleh. (2021). Bangladesh-India border issues: A critical review. Geoforum. 124. 10.1016/j.geoforum.2021.05.008.
55. https://cgs-bd.com/article/24364/The-Deadly-Border-Between-Bangladesh-and-India.
57. No More Deaths: Tracking migrant deaths due to border enforcement. No More Deaths, "Annual Migrant Deaths" reports.
58. U.S. Customs and Border Protection (CBP) Annual Reports, available on the official CBP website.
59. ACLU, "The Right to Remain Silent: U.S. Border Patrol Use of Force and Border Deaths," 2017.
60. https://www.cfr.org/global-conflict-tracker/conflict/israeli-palestinian-conflict. (Note: This reference seems entirely irrelevant to the topic. It was included as provided but its direct relevance to the article's content is minimal).
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