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This book presents an account and interpretation of the major legal issues arising in course of the trial process and their judicial expositions reflected in the judgments and underscores their precedential significance, legacy, and contribution.
This book offers a critical perspective of the Modus Operandi of The International Crimes Tribunal Bangladesh, highlighting the influences of prejudice. It argues that the tribunal was established to prosecute the accused of the 1971 war, violating their right to fair trial provisions guaranteed by the International Covenant on Civil and Political Rights (ICCPR) and the Rome Statute of the International Criminal Court. For this, I have attempted to expound the ontology and contents of minimum guarantees available to every accused, particularly in a war crime trial. Accordingly, the book evaluates the proceedings of the International Crimes Tribunal Bangladesh (ICTB) alongside other internationally recognized tribunals such as the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, to identify areas of concern in the ICTB. A volume as slim as this cannot comprehensively cover every aspect of such a complex institution of war crimes trial. Yet, the book covers the most crucial and salient points of a particular case study of the ICTB in light of modern justice. Therefore, the book si confined strictly ot the legal aspects of these issues. As a purely legal inquiry, this book does not cover the historical, political, and social implications of the issue.
"The International Crimes Tribunal in Bangladesh was established in 2010 with the aim of bringing to trial perpetrators of crimes committed during the Liberation War in 1971, through which the country seceded from Pakistan. The International Crimes Tribunal is a domestic tribunal based on the International Crimes Tribunals Act from 1973 and the rules of procedure enacted by the Tribunal itself. The initiation of these trials almost 40 years after the war entails several challenges. The publication examines to what extent the Tribunal's legal framework as well as its jurisprudence comply with international standards as established in international treaties, customary international law and in the jurisprudence of international criminal law. To this end, the substantive law and its interpretation as well as the procedural standards applied at these trials are examined thoroughly. At the same time, the analysis takes into account the political environment surrounding the Tribunal's work and assesses its impact on the country?s process of coming to terms with the past."--
The first comprehensive legal appraisal of tribunals convened across Asia to try war crimes, crimes against humanity, and genocide.
The 1971 Bangladesh genocide is an example of extreme barbarism around the world. Even though it is yet to be internationally recognized, the people of Bangladesh started receiving legal justice long after 38 years followed by the establishment of the International Crimes Tribunal, Bangladesh (ICT-BD) in 2010. For the very first time a thorough glimpse of history of Bangladesh genocide in line with the trials of the local collaborators has been highlighted in this book. The first 20 trial cases of the ICT-BD have been meticulously analyzed which include all the landmark cases concerning prosecution of the most notorious local collaborators of Bangladesh. It is worth mentioning that this book is written by a Prosecutor of the ICT-BD who herself is a very much part of its trial process. It is indeed a unique reference book for academics, practitioners, researchers and students.
In An Introduction to the Law of International Criminal Tribunals Geert-Jan Alexander Knoops offers an overview of the basic topics in international criminal law (ICL). It discusses main characteristics of International Criminal Tribunals (ICTs), as well as definitions of international crimes. The book will delve into issues of jurisdiction and complementarity, liability principles and specialized defences. Other topics are: due process rights, evidence, trials in absentia and State cooperation. A new chapter is devoted to the geopolitical effects of international criminal prosecutions. The second revised edition includes a chapter on the “new” crime of aggression and is updated with the most recent developments in ICL. The book is essential to everyone becoming familiar with the basic topics and challenges within ICL.
Right to fair trial is recognized internationally as a fundamental human right and countries are bound to respect it. Therefore the war crime tribunals of former Yugoslavia (ICTY) and Rwanda (ICTR) were fully accepted the fair trial right and with the mandate of United Nations, incorporated it in their statutes as a guarantee against the unlawful actions. While the domestic war crime tribunal of Bangladesh (ICTB) follows its own special procedures and rules which is lacking the fair trial guarantees to ensure a free and fair trial. In terms of rights ensuring fair trial guarantees, procedure, statutes and working, there are huge differences found between the ICTB and the other two internationally recognized tribunals (ICTY & ICTR). The ICTY and ICTR appear more transparent and fair than the ICTB. The ICTB has repeatedly deviated from the recognized judicial norms and principal of fair trial. Moreover, non-compliance with the ICCPR, violations of the domestic laws of the country and the revealed Skype scandal makes the tribunal (ICTB) illegal.