Bangladesh's Approach towards International Criminal Law: A Case Study of International Crimes Tribunal Bangladesh

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

Historical background of the international crimes tribunal Bangladesh, unveiling the truth

After forty years of the 1971 Indo-Pak war, the government of Bangladesh established a special tribunal to prosecute war crimes allegedly committed in 1971 that led to the creation of a new country. Therefore, in 2009, the International Crimes (Tribunals) Act, 1973, was enacted by the Bangladeshi parliament to prosecute the alleged executers of genocide, crimes against humanity and other war crimes under the international law by a domestic tribunal. In context to the on-going war crimes tribunal, study seeks to explore the historical roots of the tribunal. The critical analysis of the historical developments suggest that the said tribunal is falling short of international standards and also lacking the jurisdiction in present scenario which has been initiated with political motives in violation of international treaties and agreements between the parties

Discrepancies in transgender persons (protection of rights) act, 2018: a comparative study of transgender’s rights in Pakistan and India

The paper will suggest where the Pakistani legislation will have to be amended without affecting the core subject of the transgender rights in Pakistan. Originality/value - Novel idea of comparing Pakistani law with an identical Indian law on transgender has been proposed

12 A Legal Analysis of the International Crimes Tribunal Bangladesh: A Fair Trial Perspective

Fair trial is recognized as a fundamental human right in the modern criminal justice system. Consequently, the war crime tribunals of former Yugoslavia (ICTY) and Rwanda (ICTR) fully adopted the due process rights and incorporated it in their respective statutes. However, the international crimes tribunal Bangladesh (ICTB) follows its own special procedure which is lacking the fair trial guarantees as promised. With reference to the fair trial guarantees, governing statutes and its working, there are vast disparities found between the ICTB and the other internationally recognized tribunals (ICTY and ICTR). The ICTY and the ICTR appeared to be more transparent than the ICTB. The ICTB has repeatedly deviated from the international norms and principals of a just trial. Moreover, non-compliance with the ICCPR, violations of the domestic laws and other serious irregularities make the ICTB illegal and unjust. The legal analysis of the ICTB unfolds the entire discourse from a comparative perspective to identify the flaws in the International Crimes Tribunal Bangladesh legislation