The International Crimes Tribunal in Bangladesh - Critical Appraisal of Legal Framework and Jurisprudence

Acknowledgments

Table of contents

List of abbreviations

Part I: Introduction and outline of the investigation

1 Introduction and statement of the problem

2 Objectives of the study and considered jurisprudence

3 Outline of the investigation

Part II: Towards an International Crimes Tribunal

1 Historical background

1.1 The province of Bengal

1.2 The Partition of British India

1.3 The Liberation War

2 First attempts to deal with the war crimes

2.1 The Bangladesh Collaborators (Special Tribunal) Order, 1972

2.2 The Bangladesh National Liberation Struggle (Indemnity) Order, 1973

2.3 The International Crimes (Tribunals) Act, 1973

2.4 Constitutional amendments

2.5 International agreements

2.6 Political environment in post-war Bangladesh

3 Ending impunity

3.1 Politics after 1991

3.2 Emerging call for trials of war criminals

3.3 Establishment of the ICT

3.4 Controversies surrounding the ICT

Part III: The ICT in comparison to other accountability mechanisms

1 The different accountability mechanisms and their applicability in the context of Bangladesh

1.1 The International Criminal Court

1.2 Ad hoc international criminal tribunals

1.3 Mixed tribunals

1.4 Domestic trials

1.5 Truth and reconciliation commissions

1.6 Trials in third states

1.7 Decision-making process in Bangladesh

2 The domestic character of the International Crimes Tribunal in Bangladesh

2.1 Structure of the ICT

2.2 Jurisdiction of the ICT

2.3 Applicable law and jurisprudence

2.4 Amnesties

2.5 Ne bis in idem

2.6 Funding

2.7 Interim ndings

Part IV: Compliance of the ICT Act, the Rules of Procedure and the ICT’s jurisprudence with international standards

1 Criteria of investigation

1.1 International treaties

1.2 Customary international law

1.3 Jurisprudence of international criminal law

2 The crimes within the ICT’s jurisdiction

2.1 Genocide

2.2 Crimes against humanity

2.3 War crimes

2.4 Crimes against peace

2.5 Violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949

2.6 Any other crimes under international law

2.7 Inchoate crimes

2.8 Interim ndings

3 The modes of liability of the ICT Act

3.1 The modes of liability of the ICT Act and customary international law

3.2 The modes of liability in the jurisprudence of the ICT

3.3 Interim ndings

4 Procedural rights

4.1 Right to legal assistance and to an interpreter

4.2 Right not to be subjected to arbitrary arrest or detention and to be informed of the reasons for arrest

4.3 Right not to be compelled to incriminate oneself or to confess guilt and to remain silent

4.4 Presumption of innocence

4.5 Right to be tried by an independent and impartial tribunal

4.6 Right to be tried without undue delay

4.7 Right to a fair and public hearing

4.8 Right to adequate time and facilities for preparation

4.9 The right to be present and trials in absentia

4.10 Legal remedies

4.11 Penalties

4.12 Witnesses and victims

4.13 Interim ndings

Part V: The ICT in the context of transitional justice in Bangladesh

1 The role of criminal trials in the process of transitional justice

1.1 Measures and aims of transitional justice

1.2 Objectives and limitations of criminal trials in transitional justice processes

2 The ICT’s contribution to the process of transitional justice

2.1 Factors that determine and limit transitional justice in Bangladesh

2.2 The ICT as a transitional justice mechanism

2.3 Interim findings

Part VI: Conclusion and outlook

References

Appendix

The International Crimes Tribunals Act

The Rules of Procedure of Tribunal 2