The International Crimes Tribunal in Bangladesh and International Law

Samad, Abdus

doi:10.1007/s10609-016-9282-7

Cited by 7 publications

(6 citation statements)

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“…At this time, Bangladesh was in the middle of the International Crimes Tribunal proceedings, a judicial process established to prosecute the perpetrators who had committed war crimes, crimes against humanity and genocide during Bangladesh's War of Independence in 1971 (Samad 2016). Many of the accused were involved in Islamic politics, and several leaders of Bangladesh Jamat-e-Islami, a mainstream political party in the opposition, were among them.…”

Section: Ict Act 2006 and Violent Islamist Extremism In Bangladeshmentioning

confidence: 99%

Routledge Handbook of Autocratization in South Asia

Widmalm¹

2021

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The essays of this handbook dissect the trends towards creeping authoritarianism in South Asia. Even India, long a poster boy of "third world" democracy, appears to be catching up with its neighbours in a "non-democratic regime convergence". However, instead of merely confirming Huntington's deterministic pessimism regarding non-western democracy, or jumping on to wide-eyed bushy-tailed advocacy, authors of this important volume follow a third trajectory, based on fine-grained empirical analysis and empathy with their subject, within a comparative framework. This handbook should become an indispensable tool for the people of South Asia, as well as for outsiders looking in.'

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Section: Ict Act 2006 and Violent Islamist Extremism In Bangladeshmentioning

confidence: 99%

Routledge Handbook of Autocratization in South Asia

Widmalm¹

2021

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“…After fulfilment of the examination, the Investigation Agency submits a report to the Chief Prosecutor. After assessing the report, the central prosecutor submits a formal charge sheet together with proof materials, archives and an explanation of the observer before the tribunal (Samad, 2016).…”

Section: The Politics Of Establishment Of International Crimes Tribunmentioning

confidence: 99%

“…In 2008, the Awami League lead Hasina came to power again and took further initiatives for the war crimes trial which is still continuing. Some scholars treated it as a political trial, not for justice and have the lot of pitfalls or limitations to gain International standard (Houque, 2016; Jalil, 2010 and 2012; Menon, 2017; Samad, 2016).…”

Section: Does Ict Meet the International Standard?mentioning

confidence: 99%

“…Yet in spite of these criticisms, the great merit of the ICT of Bangladesh is that a defendant has an opportunity to review the verdict in the Appellate Division of the Supreme Court as per the provision of section 21 of the ICT Act 1973 (Daily Star, 25 March 2017). Besides, an accused have the right to mercy petition at the President of Bangladesh is unique and beyond the international standard that is absent in any International Crimes Tribunals in the world (Samad, 2016). This is a precedent for ensuring natural justice and the rule of law.…”

Section: Does Ict Meet the International Standard?mentioning

confidence: 99%

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War Crimes Trials in Bangladesh: Justice or Politics?

Mollah

2019

Journal of Asian and African Studies

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The aim of this paper is to examine the trial process and standard of the International Crimes Tribunal (ICT) in Bangladesh. The main aim of the paper is to explore whether the trial is about justice or politics. Two International Crimes Tribunals (ICTs) have been established following the amended ICT Act 2009 after 40 years of independence. To date, more than 30 verdicts have been delivered by the tribunals and most of the accused have been proved to be war criminals, as collaborators with the Pakistani army, and involved in the politics of Jamaat who have penalized for capital punishment. Jammat is name of a political party in Bangladesh. Although the tribunal is named ‘the International Crimes Tribunal’, no international judges or prosecutors – like those who have taken part in the tribunals of Nuremberg, Tokyo, Rwanda, Yugoslavia or the permanent International Criminal Court of The Hague – have been involved in this trial process. The Pakistani military who were involved and accused as war criminals have also been excluded from prosecution. Therefore, a lot of criticisms have made about the trial process and standard; however, some unique features can be found, such as an appeal to the Supreme Court and a mercy petition to the President. It has also been proved that politics are involved in the war crimes and even the trial process, which is not influenced solely by the abstract notions of justice. The paper takes the form of a descriptive case study and is based on mainly secondary sources of information.

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“…The Supreme Court also declared the TAC illegal which had set up to offer amnesty to the responsible ones and partial amnesties in return for information about corruption (Ethirajan, May 16, 2011). However, a domestic war crimes tribunal in Bangladesh was also set up in 2009 to investigate and prosecute perpetrators for the genocide committed in 1971 by the Pakistan Army and their Bangladeshi collaborators (Wierda & Triolo, May 31, 2012;Samad, April 29, 2016 February, 2007). A total of 102,800 Timorese were either killed or died from conflict induced starvation and illness owing to Indonesian occupation.…”

Section: Yugoslavia (Serbia and Montenegro): Former Yugoslavia Formedmentioning

confidence: 99%

Generations of Transitional Justice in the World

Pathak¹

2019

ASSRJ

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The objectives of the paper are to investigate the axiomatic truth and record the human wrongdoings of the past, deliver justice to the victims at present, make perpetrators accountable and initiate generous change in the rule of law for prosperous, peaceful and harmonious nation. The state-of-the-art paper is prepared based upon literature review, exchanging and sharing, and a practical observation approach rather than theoretical-analytical conception, except Generation. An interdisciplinary (politicolegal) word, 'Transitional Justice' (TJ) is healing the violations and/or abuses of yesterday, investigating and reconciling today and hoping to protect the tomorrow for not only a few privileged, but for the people of all Generations. The Generation tends to ascertain cause, nature, degree and patterns of identity-based crimes and genocide, determine the role of perpetrators and analyze the impact of the Truth Commission. Generally, Generation refers to the biological age groupings (20 to 30 years) that live together and share similar characteristics-attitudes, behaviors, contexts, sufferings and cultures. The paper reviews over 90 TJ countries in Five Generations (I, II, III, IV and 0), starting from the post-World War II to the present day world. Generation-I presents a genesis of TJ, a notion changed from the holocaust to the retributive justice which comprises the analyses of Nuremberg Trial and Tokyo Tribunal. Rather than making the main perpetrators involved in World War (WW) II accountable, the Nuremberg Trial has been a holier-than-thou betrayal to the Germans by a pseudo trial, and immunity to 'French, Soviet Union, Americans, British and Japanese Emperor' and Geneva Convention violators owing to a high political masquerading and retribution. Generation-II reveals a notion changed from internecine war crimes to humanitarian justice. It compares and contrasts the functions of the Truth Commissions that have a direct structural link with perpetrators' four Ds (viz. delay, deceive, deny and dilute) approaches of TJ. Beyond domestication, TJ is an international human rights law, international criminal law and international humanitarian law. TJ has been more political in nature and less legal in practice. Generation-III tends to a notion changed from domestic criminal jurisprudence to international tribunal justice. The western developed and non-signatory nations of the Rome Statute try hard to establish and control the International Criminal Court (ICC) to their bad relation with post-conflict countries. Generation-IV discloses a notion changed from sectarian violence to reconcile justice. In such cases, non-state elite actors normally engage against the weak and poor people to prove their superiority conducting communal apartheid and cultural genocide. Lastly, Generation-0 (Zero) refers to a notion changed for justice establishing the Truth Commission. Truth Commissions have been unable to identify and investigate the human rights violations and/or abuses in the post-conflict periods, despite huge national a...

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The International Crimes Tribunal in Bangladesh and International Law

Cited by 7 publications

References 7 publications

Routledge Handbook of Autocratization in South Asia

Routledge Handbook of Autocratization in South Asia

War Crimes Trials in Bangladesh: Justice or Politics?

Generations of Transitional Justice in the World

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