Justice after decades in Bangladesh: national trials for international crimes

Abstract

The 2008 parliamentary elections in Bangladesh revitalized the country's dormant war crimes process. After almost forty years, the new government decided to prosecute local collaborators who sided with the Pakistani armed forces and allegedly perpetrated war crimes, crimes against humanity, and genocide during the 1971 war. The war crimes process is based on a 1973 law, the International Crimes (Tribunals) Act. The title illustrates the complex environment in which the new International Crimes Tribunal, established in 2009, is required to operate: notwithstanding that the 1973 Act is national legislation, its subject-matter jurisdiction finds its origin in international law. The article addresses select legal challenges that the Tribunal will face in a context of disputed history, in particular regarding the alleged crime of genocide. The article concludes that in the era of institutionalized complementarity, such a national attempt to investigate and prosecute war crimes should be welcomed by the international community. Yet, in the context of limited resources and a polarized political environment, effectively achieving reconciliation and deterrence will depend above all on professionalism and fairness.