Murder, Extermination and Torture as the Underlying Offenses of Crimes against Humanity: A Practical Reflection on the International Crimes Tribunal Bangladesh (original) (raw)
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Bangladesh is recently prosecuting and punishing the perpetrators of crimes against humanity and genocide committed in the Liberation War of 1971 via a domestically operated International Crimes Tribunal Bangladesh (‘ICTB’). Though the Tribunal is preceded under the municipal law, it's material jurisdiction, i.e., crimes against humanity and genocide are originated from international criminal law. Therefore, this study purposes to examine several legal obligations of the ICTB in defining crimes against humanity and genocide as the core international crimes. Firstly, I scrutinize what is the legal status of international law (treaty and customary law) in Bangladesh's legal system? Secondly, by applying international criminal law standards, I focus on that is it one of the obligations of Bangladesh to apply international criminal law definitions of genocide under the treaty obligation as the contracting parties to Genocide Convention 1948, and the ICC Statute 1998? Thirdly, I ...
INTERNATIONAL SYMPOSIUM ON LAW. ASOS, 2024
The International Crimes Tribunal of Bangladesh (ICT-BD), established in 2009, is responsible for addressing the grave offenses committed during the 1971 war between Pakistan and Bangladesh. As a domestic tribunal, it exercises jurisdiction over serious crimes including war crimes, crimes against humanity, and other egregious offenses. The tribunal was established pursuant to The International Crimes (Tribunals) Act of 1973 and is vested with the authority to adjudicate and impose sanctions on individuals, groups, organizations, or members of any military, defense, or auxiliary forces, irrespective of their nationality. These entities are held accountable if they have committed, or are adjudged to have committed, any of the crimes specified within the territory of Bangladesh, both prior to and after the enactment of the Act. To date, the ICT-BD has presided over forty-two cases, which have resulted in 103 convictions, among them 71 death sentences, and six of these have been executed. This research provides a critical examination of the ICT-BD’s legal and operational shortcomings when viewed against international criminal justice principles. This paper draws important parallels and contrasts with several notable international tribunals such as the International Criminal Court (ICC), the Nuremberg and Tokyo Trials, and tribunals established for addressing conflicts in Yugoslavia, Rwanda, and Sierra Leone. This comparative analysis serves to underscore the criticism which includes governmental interference, inadequate defense mechanisms, flawed evidence procedures, witness tampering, judge neutrality issues, prosecutorial misconduct, and the contentious use of the death penalty following questionable trials. By investigating these areas, the study endeavors to offer an in-depth evaluation of how well the ICT-BD adheres to internationally recognized standards, thereby illuminating its limitations within a wider context of international criminal justice. Employing qualitative research methodologies such as grounded theory, discourse analysis, and interpretative phenomenological analysis, the paper scrutinizes these criticisms. This analysis not only delineates the tribunal's discrepancies from international norms but also proposes potential reforms. The goal is to enrich the ongoing global discussion concerning the effectiveness and fairness of war crimes tribunals, providing valuable insights into how justice mechanisms might be better tailored to conform to universal legal standards. Through this discourse, the paper aims to contribute significantly to the body of knowledge on the efficacy of national tribunals in international law, suggesting ways to evolve to meet global expectations of justice and accountability. Keywords: International Crimes Tribunal of Bangladesh (ICT-BD), International Criminal Courts, Bangladesh, War Crimes Trial, International Criminal Justice.
It is widely accepted that the prosecution of grave international crimes helps in promoting reconciliation in the aftermath of violent conflicts. It also equips the state in the painful search for that part of its identity lost to the atrocities committed. But many authors doubt the positive impact of such prosecutions on peace negotiations. Akhavan and Laplante put forth interesting debates on “peace versus justice” and “truth versus justice” respectively in their articles. The present article intends to touch upon two important but controversial aspects of international criminal law. First, the significance of international criminal law trials for mass violations of human rights and International Humanitarian Law (hereinafter IHL) is assessed in Part I. This is achieved by a brief analysis of the history, objectives, and significance of international criminal law prosecutions. A study highlighting the prosecution of international crimes and existing alternatives to international criminal prosecutions is also attempted so as to find out whether successful promotion of human rights necessarily requires the punishment of individual violators through international criminal law trials. Secondly, in Part II, an exploration is made to see whether international criminal law prosecutions are viable at the domestic level, and if so, what measures need to be implemented to strengthen them. This part of the article will first compare the importance and merits of international and national mechanisms to prosecute serious crimes under international law. Further, the principle of complementarity under the International Criminal Court (hereinafter the ICC) and the emerging trend of proactive complementarity is analysed in the light of previous attempts at national prosecution of international crimes, which will help in understanding the patterns in this regard. For this purpose national prosecution of international crimes by the International Crimes Tribunal (ICT) constituted by the Government of the People’s Republic of Bangladesh is analysed for strengths and weaknesses. As the ICT was constituted outside the framework of the Rome Statute, this exercise has the important function of showing whether proactive guidance from the ICC at The Hague would have helped it function better.
COMPATIBILITY OF THE INTERNATIONAL CRIMES TRIBUNAL IN BANGLADESH: A COMPARATIVE LEGAL ANALYSIS
International Journal in Management and Social Science, 2022
The birth of Bangladesh was a history of bloodshed in this sub-continent. It has often been said that the atrocities of 1971 in the then East Pakistan was the bloodiest one after the Second World War. The Pakistan's military did these atrocities on this land with the help of local collaborators i.e. Rajakars, Al-Badr, Al-Shams etc. It was a long-cherished dream for the Bangladeshis to bring those culprits within the purview of law and be given proper punishment according to law. In this pursuance, Bangladesh has established the International Crimes Tribunal in 2010 in accordance with the International Crimes Tribunal Act, 2010. After the establishment of the Tribunal, it has faced a large criticism and challenges as well. Is not easy to try those perpetrators after so many years because they have already been powerfully settled in politics. In this paper, I focused on why it is really important to try those perpetrators, what are the challenges to try, other standards to be maintained to ensure the trail without any question.
Journal of Politics and Law, 2019
The International Crimes Tribunal Bangladesh that has been found by the Bangladeshi Government to try war crimes during India Pakistan war of 1971. The tribunal is violating the fair trial rights as guaranteed by Constitution, the International Covenant on Civil and Political Rights and International Humanitarian Law and the standard of the International Crimes Tribunal Bangladesh is far below than that setup by The International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court. These irregularities imply serious concern over the proceedings of the said tribunal. Study seeks to describe the International Law about war crimes particularly with respect to fair trial provisions and it compare the proceedings of the Bangladeshi tribunal with the other internationally recognized tribunals.
Historical Background of the International Crimes Tribunal Bangladesh, Unveiling the Truth
After forty years of the 1971 Indo-Pak war, the government of Bangladesh established a special tribunal to prosecute war crimes allegedly committed in 1971 that led to the creation of a new country. Therefore, in 2009, the International Crimes (Tribunals) Act, 1973, was enacted by the Bangladeshi parliament to prosecute the alleged executers of genocide, crimes against humanity and other war crimes under the international law by a domestic tribunal. In context to the ongoing war crimes tribunal, study seeks to explore the historical roots of the tribunal. The critical analysis of the historical developments suggest that the said tribunal is falling short of international standards and also lacking the jurisdiction in present scenario which has been initiated with political motives in violation of international treaties and agreements between the parties.
Malaysian Journal of Social Sciences and Humanities, 2024
Bangladesh War Crimes Tribunal-a domestic criminal court is currently prosecuting the offenders of atrocious crimes perpetrated in the Bangladesh War of Independence in 1971. Though the atrocious offenses took place in 1971, the International Crimes Tribunal (ICT) Act 1973 was decreed Contribution/Originality: This research paper aims to contribute to the existing literature on the ex post facto prosecution of international crimes in the domestic courts or tribunals. It emphasizes the constitutional embargo on the retrospective prosecution of any individual as one of the fundamental rights which is sacrosanct.
Asian Yearbook of International Law, Volume 24 (2018), 2020
DILA was established in 1989, at a time when its prime movers believed that economic and political developments in Asia had reached the stage at which they would welcome and benefit substantially from a mechanism to promote and facilitate exchanges among their international law scholars that had failed to develop during the colonial era. The Foundation was established to promote: (a) the study of and analysis of topics and issues in the field of international law, in particular from an Asian perspective; (b) the study of and dissemination of knowledge of international law in Asia; and (c) contacts and cooperation between persons and institutions actively dealing with questions of international law relating to Asia. The Foundation is concerned with reporting and analyzing developments in the field of international law relating to the region, and not primarily with efforts to distinguish particular attitudes, policies or practices as predominately or essentially "Asian". If they are shown to exist, it would be an interesting by-product of the Foundation's essential function, which is to bring about an exchange of views in the expectation that the process would reveal areas of common interest and concern among the states of Asia, and even more importantly, demonstrate that those areas of interest and concern are, in fact, shared by the international community as a whole.
The Bangladesh War Crimes Trials - Strengthening Normative Structure
Journal of Law Policy and Globalization, 2013
Post-Nuremberg there has been an interesting variety of criminal justice mechanisms to ensure avoidance of impunity for war crimes. Apart from the ICTY, ICTR mechanisms and the ICC, States have also exercised sovereign territorial right to try war crimes. State interests and international concern aiming at ensuring avoidance of impunity can be effectively blended in the institution and applicable law too, like was done in Kosovo, Timor and Cambodia. Handled by international community it could restore the credibility of the State's intention to try war crimes. Bangladesh's law on punishing war crimes during the liberation war has come in for much criticism for its features that are against the fundamental due process norms that apply across the diversity of justice mechanisms. This research paper looks at the recent judgment of the ICT in Bangladesh from the perspective of the due process concerns and presents the hybrid tribunals as an alternative methodology for criminalizing war crimes in Bangladesh legislation.
Journal of Politics and Law, 2020
The International Crimes Tribunal Bangladesh (ICTB) was set up by Bangladesh through the adaptation of the International Crimes Tribunal Act 1973, as an internal mechanism trying to prosecute and punish Bangladeshi perpetrators who committed international crimes in Bangladesh liberation war in 1971. After a long disappearance from the public eye, the Tribunal was reemerged in 2010. The recent cases decided by the Tribunal have revealed that the international crimes; namely, crimes against humanity, were allegedly committed in 1971, while the relevant Statute was enacted in 1973, and was implemented in 2010. Recently, the ICTB is prosecuting crimes against humanity retroactively, which might have violated the prohibition of penalizing certain conducts committed by the perpetrators before the enforcement of such conduct as a law banning such demeanor as an offense. Therefore, this study firstly analyzes the rule against retroactivity in international criminal law. Secondly, it investi...