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In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.
The first comprehensive legal appraisal of tribunals convened across Asia to try war crimes, crimes against humanity, and genocide.
This book is the first-ever comprehensive analysis of international law from Global South perspectives with specific reference to Bangladesh. The book not only sheds new light on classical international law concepts, such as statehood, citizenship, and self-determination, but also covers more current issues including Rohingya refugees, climate change, sustainable development, readymade garment workers and crimes against humanity. Written by area specialists, the book explores how international law shaped Bangladesh state practice over the last five decades; how Bangladesh in turn contributed to the development of international law; and the manner in which international law is also used as a hegemonic tool for marginalising less powerful countries like Bangladesh. By analysing stories of an ambivalent relationship between international law and post-colonial states, the book exposes the duality of international law as both a problem-solving tool and as a language of hegemony. Despite its focus on Bangladesh, the book deals with the more general problem of post-colonial states’ problematic relationship with international law and so will be of interest to students and scholars of international law in general, as well as those interested in the Global South and South Asia in particular.
This comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world’s first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC’s existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work.
The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.
"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."--
A riveting history—the first full account—of the involvement of Richard Nixon and Henry Kissinger in the 1971 atrocities in Bangladesh that led to war between India and Pakistan, shaped the fate of Asia, and left in their wake a host of major strategic consequences for the world today. Giving an astonishing inside view of how the White House really works in a crisis, The Blood Telegram is an unprecedented chronicle of a pivotal but little-known chapter of the Cold War. Gary J. Bass shows how Nixon and Kissinger supported Pakistan’s military dictatorship as it brutally quashed the results of a historic free election. The Pakistani army launched a crackdown on what was then East Pakistan (today an independent Bangladesh), killing hundreds of thousands of people and sending ten million refugees fleeing to India—one of the worst humanitarian crises of the twentieth century. Nixon and Kissinger, unswayed by detailed warnings of genocide from American diplomats witnessing the bloodshed, stood behind Pakistan’s military rulers. Driven not just by Cold War realpolitik but by a bitter personal dislike of India and its leader Indira Gandhi, Nixon and Kissinger actively helped the Pakistani government even as it careened toward a devastating war against India. They silenced American officials who dared to speak up, secretly encouraged China to mass troops on the Indian border, and illegally supplied weapons to the Pakistani military—an overlooked scandal that presages Watergate. Drawing on previously unheard White House tapes, recently declassified documents, and extensive interviews with White House staffers and Indian military leaders, The Blood Telegram tells this thrilling, shadowy story in full. Bringing us into the drama of a crisis exploding into war, Bass follows reporters, consuls, and guerrilla warriors on the ground—from the desperate refugee camps to the most secretive conversations in the Oval Office. Bass makes clear how the United States’ embrace of the military dictatorship in Islamabad would mold Asia’s destiny for decades, and confronts for the first time Nixon and Kissinger’s hidden role in a tragedy that was far bloodier than Bosnia. This is a revelatory, compulsively readable work of politics, personalities, military confrontation, and Cold War brinksmanship.
The Special Tribunal of the Lebanon is the first international Tribunal established to try the perpetrators of a terrorist act: the murder of the Lebanese Prime Minister in 2005. This book, written by practitioners with experience of the court and experts in international criminal law, provides a detailed assessment of its unique law and practice.
Bangladesh was once East Pakistan, the Muslim nation carved out of the Indian Subcontinent when it gained independence from Britain in 1947. As religion alone could not keep East Pakistan and West Pakistan together, Bengali-speaking East Pakistan fought for and achieved liberation in 1971. Coups and assassinations followed, and two decades later it completed its long, tumultuous transition to parliamentary government. Its history is complex and tragic—one of war, natural disaster, starvation, corruption, and political instability. First published in India by the Aleph Book Company, Salil Tripathi’s lyrical, beautifully wrought tale of the difficult birth and conflict-ridden politics of this haunted land has received international critical acclaim, and his reporting has been honored with a Mumbai Press Club Red Ink Award for Excellence in Journalism. The Colonel Who Would Not Repent is an insightful study of a nation struggling to survive and define itself.