Abstract
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.
Highlights
Background of the StudyIn 2009, after four decades the Bangladeshi Government led by ruling party Awami League re-established the International Crime Tribunal Bangladesh (ICTB) as promised in its election campaign
Right to fair trial is recognized by all the international human rights bodies and instruments including the UDHR, The Geneva Conventions, the ICCPR, the ICC Statute, African Charter, ECHR, etc. and by all the internationally recognized military tribunals
Apart from the inefficient compensation mechanism, the ICTY and the ICTR were fully adopted an incorporated these rights in their statutes as a guarantee against the unlawful actions by the states and to ensure the real justice
Summary
In 2009, after four decades the Bangladeshi Government led by ruling party Awami League re-established the International Crime Tribunal Bangladesh (ICTB) as promised in its election campaign. The ruling party Awami League has used nationalism in promotion of its political ideology which is mostly based on anti-Pakistan sentiments In this context, Sheikh Hasina's1 government after being elected ratified The Rome Statute and afterwards established two tribunals, in 2010 and 2012 respectively. Sheikh Hasina's1 government after being elected ratified The Rome Statute and afterwards established two tribunals, in 2010 and 2012 respectively The aim of these tribunal is to prosecute the war criminal of 1971 war[2] who allegedly supported the Pakistan Army at that time. Vol 12, No 3; 2019 critically examines the operative laws and procedure being used in the ICTB through a fair-trial lens
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