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{{disputed|date=February 2012}}
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] ]
The '''International Crimes Tribunal''' (ICT) is an ongoing ] in ] that aims to investigate and administer justice regarding the ], ], ] and ] committed by ] and their local collaborators ], ], ] during the ] of 1971.<ref name="usconsulate_cable_march31">U.S. Consulate (Dacca) Cable, Sitrep: , March 31, 1971, Confidential, 3 pp</ref><ref name=Blood978></ref><ref>{{cite book | last1 = Rummel | first1 = Rudolph | authorlink1 = Rudolph Rummel | title = Statistics of Democide: Genocide and Mass Murder since 1900 | chapter = Chapter 8: Statistics Of Pakistan's Democide Estimates, Calculations, And Sources | page = 544 | accessdate = 2011-11-10 | isbn = 978-3-8258-4010-5 | quote = "...They also planned to indiscriminately murder hundreds of thousands of its Hindus and drive the rest into India. ... This despicable and cutthroat plan was outright genocide'.}}</ref><ref name ="Siddiqui">A. R. Siddiqui, ''East Pakistan - the Endgame: An Onlooker's Journal 1969-1971, Oxford University Press, 2004, p. 171.</ref><ref name="Sisson">R. Sisson and L. E. Rose. ''Pakistan, India, and the Creation of Bangladesh'', University of California Press, 1990, p. 165.</ref> Bangladesh government figures estimate that more than three million people were killed and between 200,000 and 400,000 women were raped, although independent researchers have the death toll at between 300,000 and 500,000.<ref>Susan Brownmillar, ''Against Our Will: Men, Women and Rape'', (New York: Fawcett Columbine, 1975), 84.</ref><ref>Bina D'Costa, "Marginalized identity: new frontiers of research for IR?", in Brooke Ackerly, Maria Stern, Jacqui True (eds.), ''Feminist Methodologies for International Relations'', (Cambridge: Cambridge University Press, 2006), 136.</ref><ref name=Riedel>{{cite book|last=Riedel|first=Bruce O.|title=Deadly embrace: Pakistan, America, and the future of the global jihad|year=2011|publisher=Brookings Institution|isbn=978-0-8157-0557-4|page=10}}</ref><ref>http://jurist.org/paperchase/2010/03/bangladesh-establishes-tribunal-for.php</ref> It is estimated that up to 10 million refuges fled to India and that a further 30 million were displaced.<ref name=Totten>{{cite book|last=Totten|first=Samuel|title=Dictionary of Genocide: A-L|publisher=Greenwood|location=Volume 1|isbn=978-0-313-32967-8|coauthors=Paul Robert Bartrop, Steven L. Jacobs|page=34}}</ref><ref name=AJEMay2012> ], 13 May 2012]</ref> After their victory in the 2008 election the Awami League formed the ICT on 25 March 2010 by amending some aspects of the International Crimes (Tribunals) Act 1973 of Bangladesh.<ref name=Lewis>{{cite book|last=Lewis|first=David|title=Bangladesh: Politics, Economy and Civil Society|year=2011|publisher=Cambridge University Press|isbn=978-0521886123|page=97|date=31|month=October}}</ref><ref>{{Cite web|url= http://www.bgpress.gov.bd/index.php?option=com_docman&task=doc_download&gid=3820&Itemid=|title=Justice and Parliamentary Affairs issued S.R.O No. 87-AvBb/2010-wePvi-4/5wm-2/2010/506|work=http://www.bgpress.gov.bd|accessdate=2010-09-19}}</ref><ref>{{Cite news| title = Law amended for war crime trials| url = http://www.thedailystar.net/newDesign/news-details.php?nid=96243| newspaper = The Daily Star| location =Dhaka, Bangladesh
'''The International Crimes Tribunal''' (ICT) is an ongoing court case in Bangladesh with the mandate to investigate and administer justice over the ] which were committed by the ] and their local collaborators, the ], ] and ] during the ].<ref name="Wierda" /> During the ] the ](AL) pledged to bring to justice those who had collaborated with Pakistan during the war. And after a landslide victory began the trials.<ref name="Kibria" /> The ] which had been given the task of examining and finding evidence finalized their report in 2008 and handed a list of around 1600 names to the ICI.<ref name="Rahman" /><ref name="Montero" />
| date =| accessdate = 2010-09-19}}</ref>


The International Crimes Tribunal has been criticised for failing to adhere to international legal standards, including from the ], ] and ].<ref name=Condemn>, Radio Netherlands Worldwide, 8 February 2012</ref><ref name=Amnesty /><ref name=HRW /><ref name=UN /><ref name=dstar170112 /><ref name=IHTblogs /><ref name=avebury /> Members of the ] have welcomed the effort to seek justice for crimes committed in 1971,<ref name="hail">: EU Parliament member hails Bangladesh's effort, ], 3 February 2012</ref><ref></ref> and also cautioned that they would like to "ensure that the trials reach the highest possible standards." Defense lawyers of Jamaat-e-Islami have condemned the tribunal<ref name=KayHRConference/> and ] has expressed their concerns over the rights of the defense.<ref name=HRW>, ], November 2, 2011.</ref><ref name=RNW>, Radio Netherlands Worldwide, August 17, 2011.</ref> In addition, a U.S. State Department cable published by WikiLeaks notes that "there is little doubt that hard-line elements within the ruling party believe that the time is right to crush Jamaat and other Islamic parties."<ref>, ], 21 December 2012.</ref>
] Bangladesh Deputy Leader ], the first person to face charges related to the conflict, has been indicted by the tribunal for twenty counts of war crimes, including murder, rape and arson. He has denied all charges.<ref name="Of India" /> Four other members of Jamaat-e-Islami Bangladesh, including ], have also been indicted for war crimes<ref name="AP of Dhaka" /> as heve members of ](BNP). While human rights groups<ref name="Adams" /> and various political entities<ref name="Haq" /><ref name="Ullah" /> have welcomed the trials there has been criticism over the progress, transparency and reported harassment of lawyers representing the accused.<ref name="Adams2" /><ref name="Karim" /><ref name="Ghafour" />


On 6 December 2012, The ICT accused ] of hacking the then tribunal chairman and presiding judge, ]'s computer and obtaining copies of recorded conversations and email communication with ], a Bangladeshi lawyer in ].<ref name=ICTleaks1>, ], December 9, 2012.</ref><ref name=ICTleaks2>, ], December 9, 2012.</ref> The Economist uncovered evidence in the leaked conversations of a collusion between the judiciary, the prosecution and the Bangladeshi government, as well as inappropriate contacts between Nizamul Huq and Ahmed Ziauddin. The ensuing scandal resulted in the resignation of Nizamul Huq as chair of
In December 2012 the chief justice ] resigned his position after ] received copies of ] and e-mail accounts.
the tribunal <ref name=Econ15Dec></ref> and calls by ] for the retrial of ].<ref name=HRW13DEC></ref> Despite this, on the 14th of December 2012, Prime Minister Shaykh Hasina declared that the Tribunal will carry on despite what she calls the “maligning of the government” and that the “war criminals will be tried”.<ref name=bd24Dec14>, , 14th Dec 2012</ref>


==Formation of the Tribunal==
==Background==
The ] was formed in March 2010 to hold ] of those accused of their involvement in ], including ], ], ] and ] during the 1971 Liberation war. Earlier, on July 30, 2009, the Minister of Law, Justice and Parliamentary Affairs of Bangladesh stated that no Pakistanis would be tried under the International Crimes (Tribunals) Act 1973.<ref>], 'Completing the circle: accountability for the crimes of the 1971 Bangladesh war of liberation', ''Criminal Law Forum'' (2010) 21:191-311, p. 228.</ref> This decision has drawn criticism from international jurists, as it effectively gives immunity to the army commanders of the Pakistan Army who are generally considered to be ultimately responsible for the majority of crimes of 1971.<ref>S. Linton, ''Criminal Law Forum'' (2010), p. 228.</ref>
The events of the nine-month conflict are widely viewed as ].<ref name="Simms" /> and during the conflict it is estimated that between two hundred thousand<ref name="Saikia Sexual Violence" /> and four hundred thousand.<ref name="Riedel p10" /> women and children were ] during the conflict and between one million<ref name="DeGroot" /> and 3 million people killed and an estimated 10 million refuges entering India with a further 30 million being displaced.<ref name="Totten" />


==Arrested accused in war crimes trial==
In 2009 it was announced by ] that the trials would be held under the International Crimes (Tribunal) Act 1973.<ref name="Alffram" /> This act only allows those within Bangladesh to be prosecuted and did not allow for those who were not a part of the armed forces to be tried. The act was amended in 2009 and the International Crimes Tribunal Rules of Procedure and Evidence were put in place by 2010. Two clauses and an amendment were also made to the 1973 act. Critics maintain that further amendments are needed to bring the act up to the standards of international law.<ref name="Karim" />
With the arrest of former Jamaat-e-Islami party Chief Golam Azam, the number of arrested stood at 7. Other six of the accused are in jail. They are Bangladesh Jamaat-e-Islami chief ], ] ], Nayeb-e-Ameer ], ], ] and BNP leader ]. Another BNP leader Abdul Aleem is out on bail for his illness.<ref>http://www.thedailystar.net/newDesign/latest_news.php?nid=33817</ref>


==Formation of the tribunal== ==Formation of the tribunal==
The government of Bangladesh announced the names of those who would serve on the judge's panel the investigative agency and the prosecution panel on the 25, March 2010.<ref name="BdST" /> Bangladesh Government announced names of members of ] panel, investigation agency and prosecutor panel of the tribunal on March 25, 2010.<ref>http://www.dailyjanakantha.com/news_view.php?nc=15&dd=2010-03-30&ni=13081</ref>


'''Judge’s panel of the tribunal:''' Justice ] was named as the chair of the 3-member judge’s panel of the tribunal. Justice ATM Fazle Kabir and retired District Judge A K M Zahir Ahmed are other members of the panel.<ref name="snnbd.com">http://www.snnbd.com/mnews-n.php?id=16513&cid=0.23</ref> Judge Nizamul Huq Nasim has been identified as a lawyer who wrote a report in 1994 accusing the current suspects of the ICT of war crimes, casting doubts over the impartiality of the trials. This report forms a key part of the prosecution evidence.<ref name=judgeevidence>, International Criminal Law Bureau, 21 November 2011.</ref>
The three man judge's panel appointed were Mohammed Nizamul Huq as chairman with A.T.M. Fazle Kabir and A.K.M. Zahir Ahmed being appointed the other seats.<ref name="Chair" />


The members appointed to the investigative agency who were tasked with assisting the state prosecutors are. Abdul Matin, Abdur Rahim, Kutubur Rahman, ASM Shamsul Arefin, Mir Shahidul Islam, Nurul Islam and M Abdur Razzak Khan.<ref name="UNBconnect" /> '''Investigation agency of the tribunal:''' Former Additional Secretary Abdul Motin was made chief of the investigation agency of the tribunal. The other investigation officers are: Former Additional ] Abdur Rahim, ] Kutubur Rahman, Retired ] ] Shamsul Arefin, Additional DIG of CID Mir Shahidul Islam, ] ] Nurul Islam and CID Inspector Abdur Razzak.<ref>http://www.unbconnect.com/component/news/task-show/id-17173</ref>


Golam Arif Tipu was named as Chief Prosecutor. The others are, Syed Rezaur Rahman, Golam Hasnayen, Rana Das Gupta, Zahirul Huq, Nurul Islam Sujan, Syed Haider Ali, Khandaker Abdul Mannan, Mosharraf Hossain Kajal, Ziad Al-Malum, Sanjida Khanom and Sultan Mahmud Semon.<ref name="UNBconnect" /> '''Members of ] panel of the tribunal:''' Senior lawyer Golam Arif Tipu has been made chief prosecutor of the tribunal. The others are: Syed Rezaur Rahman, Golam Hasnain, Zahir Ahmed, Rana Dasgupta, Jeyad Al-Malum, Syed Haidar Ali, Khondokar Abdul Mannan, Mosharraf Hossain Kajol, Nurul Islam Sujon, Sanjida Khanam and Sultan Mahmud Sumon.<ref name="snnbd.com"/>


==Criticism of the Tribunal==
==Reception==
The ICT has been criticised by ], ], and the ].<ref name=Condemn/><ref name=Amnesty>, ].</ref><ref name=HRW/><ref name=IHTblogs>, ], November 29, 2011.</ref><ref name=RNW/>
Initially ]NGO's and governmental agencies welcomed the trial. However, human rights advocates are of the opinion that the mass rapes and killings of women may not be addressed.<ref name="RoyNYT" /> ] has said of her own government's reaction:


Veteran ] lawyer Steven Kay ], whose counsel has been sought by the Jamaat defence, has drawn attention to the International Crimes Tribunal Act 2009 which is an amendment of The International Crimes Tribunals Act of 1973. He criticised the acts for withdrawing ]s from ]is who had not been ] of any crime, but rather were only suspected of crimes. He also highlighted that ] mean that the tribunal has no technical rules of evidence at all, admitting "any evidence which it deems to have a probative value".<ref name=KayHRConference>, Steven Kay ], 13 October 2010.</ref><ref name=Article19> 19. (1) A Tribunal shall not be bound by technical rules of evidence; and it shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and may admit any evidence, including reports and photographs published in newspapers, periodicals and magazines, films and tape-recordings and other materials as may be tendered before it, which it deems to have probative value.</ref>
{{quote
| A conservative Muslim society has preferred to throw a veil of negligence and denial on the issue, allowed those who committed or colluded with gender violence to thrive, and left the women victims to struggle in anonymity and shame and without much state or community support.<ref name="RoyNYT" />
}}
] has supported the tribunal,<ref name="Adams" /> and they have also been critical of reported harassment of lawyers representing the accused. ], director of the Asia branch of Human Rights Watch, said:


The International Criminal Law Bureau has also identified the chairman of the Tribunal, Judge Nizamul Hoque Nasim, as a lawyer who authored a report in 1994 accusing the current ICT suspects of war crimes, casting doubts over the impartiality of the trials. The report forms a key part of the prosecution evidence. The Bureau stated that "The Chairman of the Bangladesh ICT has a visible and apparent interest and bias in these proceedings, of such a substantial nature he should be disqualified".<ref name=judgeevidence/>
{{quote
| If the Bangladeshi government wants these trials to be taken seriously it must ensure that the rights of the accused are fully respected. That means making sure that lawyers and witnesses don't face threats or coercion.<ref name="Adams2" />
}}
] who is currently the Ambassador-at-Large for War Crimes Issues for the United stated "US government will help Bangladesh hold an open and transparent war crimes trial with the rights of defense for the accused".<ref name="Haq" /> and Kristine A. Huskey writing for the NGO ] said Rapp gave a 10-page letter to the prosecution which voiced recommendations and various concerns.<ref name="Huskey" /> However a ] from the US State Department voiced concerns stating "there is little doubt that hard-line elements within the ruling party believe that the time is right to crush Jamaat and other Islamic parties."<ref name="Allchin" /> Bangladeshi opposition political parties have demanded the release of those held claiming the arrests are politically motivated.<ref name="Haq" />


] ] ] ] outlined 20 matters of concern regarding the Tribunal, including the refusal to allow foreign counsel to appear before the Tribunal; a complete disregard for complying with domestic and international law; the targeting of only members of the opposition parties; and censorship of the media.<ref name=avebury> International Criminal Law Bureau, Steven Kay QC, 28 July 2011</ref>
==Hacking controversy==
In December 2012 the Economist received e-mails and skype conversations between Huq and Ahmed Ziauddin, a Bengali citizen who resides in Belgium from an unknown source. This lead Huq to issue an order for two reported from the Economist to appear before the tribunal.<ref name="The Economist" /> The Economist has said "We did not solicit the material, nor pay for it, nor commit ourselves to publish it,"<ref name="Ethirajan" /> The controversy lead to the resignation of Huq from the tribunal.<ref name="Wright" /> According to the ] the e-mails and skype calls showed that Ziauddin was playing an important part in the proceedings and that considerable pressure was being exerted by the Bangladeshi government to secure a quick verdict.<ref name="Wright" /> Defence lawyers acting for ] and Delawar Hossain Sayedee have requested a retrial over the controversy.<ref name="Wright" /><ref name="HRW Retrial" /> ] the prime minister of Bangladesh has said the trials will continue regardless of the controversy.<ref name="BdST PM" />


Laurel Fletcher, clinical professor of Law at the ] said, "such trials run the risk of turning into political show trials, where laws are bent to produce predetermined results".<ref name=dstar170112>, ], 17 January 2012</ref>
==References==


On the 15th of December, when the ] published their analysis of the leaked conversations between the then presiding judge Nizamul Huq and Brussels based Bangladeshi lawyer Ahmad Ziauddin, they raised some serious concerns regarding the ICT. They pointed out that "These concerns are so serious that there is a risk not only of a miscarriage of justice affecting the individual defendants, but also that the wrongs which Bangladesh has already suffered will be aggravated by the flawed process of the tribunal"<ref name=Econ15Dec />
{{refs
| colwidth = 30em
| refs =


Following the publishing of some of the leaked evidence concerning conversations between the then Chairman of the tribunal, Nizamul Haq, the subsequent analysis by the Economist, and the resignation of Nizamul Huq on the 11th of December 2012, Human Rights Watch issued a statement regarding the necessity of a retrial for one of the ICT’s cases. In the Sayedee Case, the only judge who had heard the totality of the evidence was Nizamul Huq, now resigned.<ref name=HRW13DEC>, ], 13th Dec 2012</ref> Brad Adams, Director of Human Rights Watch Asia, has said: “It would be highly irresponsible and unprofessional for a verdict to be delivered when none of the judges heard all the evidence and were unable to assess the credibility of key witnesses, particularly in a trial involving 40-year old evidence and complex legal issues . Before the chair of the court resigned for improprieties only one judge had heard the totality of the evidence, and now even that one judge is gone. A new trial is the only way for the court to preserve its integrity.”.<ref name=HRW13DEC />
<ref name="Wierda">
{{cite book|last=Wierda|first=Marieke|title=International Prosecutors|year=2012|publisher=Oxford University Press|isbn=978-0199554294|coauthors=Anthony Triolo|editor=Luc Reydams, Jan Wouters, Cedric Ryngaert|page=169|date=31|month=May}}
</ref>


===UN Detention Ruling===
<ref name="Alffram">
{{cite book|last=Alffram|first=Henrik|title=Ignoring Executions and Torture: Impunity for Bangladesh's Security Forces|year=2009|publisher=Human Rights Watch|isbn=1-56432-483-4|page=12}}
</ref>


In November 2011, the ] ] adopted an opinion stating that
<ref name="Kibria">
the detention of ], ], ], ], ] and ] fall in the category of ], in violation of the ], of which Bangladesh is a signatory. It stated that “The Working Group considers that holding individuals in pretrial detention in the absence of any reasoned and adequate explanation is unnecessary and disproportional to the aim sought.”<ref name=UN>, ] ]</ref>
{{cite book|last=Kibria|first=Nazli|title=Muslims in Motion: Islam and National Identity in the Bangladeshi Diaspora|year=2011|publisher=Rutgers University Press|isbn=978-0813550565|page=19}}</ref>


==Leaks from the Tribunal Chair==
<ref name="Simms">
On 6 December 2012, the tribunal chairman passed an order against ] magazine claiming that his computer had been hacked and that offenses have been committed by the magazine's editors. The Economist responded on 8 December with a short article claiming to have in their possession 17 hours of recorded telephone conversations and 230 e-mails exchanged between the tribunal chairman, Mohammed Nizamul Huq, and ], a lawyer of Bangladeshi origins based in Belgium.<ref name=Econ8Dec>, ], 8th Dec 2012</ref>
{{cite book | last = Simms | first = Brendan | title = Humanitarian Intervention: A History | year = 2011 | publisher = Cambridge University Press | isbn = 978-0-521-19027-5 | page = 17 | editor = Brendan Simms, D. J. B. Trim
}}
</ref>


According to ], "On 6th December 2012 the presiding judge of Bangladesh’s International Crimes Tribunal, Mohammed Nizamul Huq, passed an order requiring two members of The Economist to appear before the court, demanding that they explain how we have come by e-mails and conversations between himself and Ahmed Ziauddin a lawyer of Bangladeshi origins based in Belgium."<ref name=ICTleaks>, ], December 8, 2012.</ref> Since then, the judge along with the controversy has gained international attention.<ref name="ICTleaks1"/><ref name="ICTleaks2"/><ref name=ICTleaks3>, ], December 6, 2012.</ref><ref name=ICTleaks4>, ], December 7, 2012.</ref>
<ref name="Rahman">
{{cite book|last=Rahman|first=Syedur|title=Historical dictionary of Bangladesh|year=2010|publisher=Rowman & Littlefield|isbn=978-0-8108-6766-6|pages=289|edition=4th|coauthors=Craig Baxter}}
</ref>


The Economist subsequently published an analysis of the leaked conversations and the reasons for the resignation of Nizamul Huq.<ref name=Econ15Dec /> The Economist deemed the use of confidential e-mails and conversations justified because of serious public interest. The Economist has stated that they have done their best to ensure that these materials are genuine and see no reason to suppose that any of these 17 hours of conversation, or 230 emails are fakes or have been tampered with.<ref name=Econ15Dec>, ], 15th Dec 2012</ref>
<ref name="Montero">
{{cite news|last=Montero|first=David|title=Bangladesh arrests are opening act of war crimes tribunal|url=http://www.csmonitor.com/World/Asia-South-Central/2010/0714/Bangladesh-arrests-are-opening-act-of-war-crimes-tribunal|newspaper=Christian Science Monitor|date=July 14, 2010}}
</ref>


==See also==
<ref name="Saikia Sexual Violence">
* ]
{{cite book | last = Saikia | first = Yasmin | title = Sexual Violence in Conflict Zones: From the Ancient World to the Era of Human Rights | year = 2011 | publisher = University of Pennsylvania Press | isbn = 978-0-8122-4318-5 | page = 157 | editor = Elizabeth D. Heineman
* ]
}}
* ]
</ref>
* ]


==References==
<ref name="Riedel p10">
{{reflist|2}}
{{cite book | last = Riedel | first = Bruce O. | title = Deadly embrace: Pakistan, America, and the future of the global jihad | year = 2011 | publisher = Brookings Institution | isbn = 978-0-8157-0557-4 | page = 10
}}
</ref>

<ref name=DeGroot>
{{cite book|last=DeGroot|first=Gerard|title=The Seventies Unplugged: A Kaleidoscopic Look at a Violent Decade|year=2011|publisher=Pan Macmillan|isbn=978-0330455787|page=64}}
</ref>

<ref name="Totten">
{{cite book|last=Totten|first=Samuel|title=Dictionary of Genocide: A-L|publisher=Greenwood|location=Volume 1|isbn=978-0-313-32967-8|coauthors=Paul Robert Bartrop, Steven L. Jacobs|page=34}}
</ref>

<ref name="Of India">
{{cite news | last = Of India | first = Press Trust | title = Bangladesh 1971 war crimes trial begins | url = http://www.hindustantimes.com/world-news/Bangladesh/Bangladesh-1971-war-crimes-trial-begins/Article1-771835.aspx | newspaper = Hindustan Times | date = 20 November 2011
}}
</ref>

<ref name="AP of Dhaka">
{{cite news | last = Dhaka | first = Associated Press | title = Bangladesh party leader accused of war crimes in 1971 conflict | url = http://www.guardian.co.uk/world/2011/oct/03/bangladesh-party-leader-accused-war-crimes | newspaper = The Guardian | date = 3 October 2011
}}
</ref>

<ref name="Adams">
{{cite news | last = Adams | first = Brad | title = Letter to the Bangladesh Prime Minister regarding the International Crimes (Tribunals) Act | url = http://www.hrw.org/news/2011/05/18/letter-bangladesh-prime-minister-regarding-international-crimes-tribunals-act | newspaper = Human Rights Watch | date = 18 May 2011
}}
</ref>

<ref name="Haq">
{{cite book|last=Haq|first=M. Zahurul|title=Yearbook of International Humanitarian Law - 2010|year=2011|publisher=Springer|isbn=978-9067048101|edition=1st|editor=M.N. Schmitt, Louise Arimatsu, T. McCormack|page=463|date=5|month=August}}
</ref>

<ref name="Ullah">
{{cite news|last=Ullah|first=Ansar Ahmed|title=Vote of trust for war trial|newspaper=The Daily Star|date=3, February 2012}}
</ref>

<ref name="Adams2">
{{cite news | last = Adams | first = Brad | title = Bangladesh: Stop Harassment of Defense at War Tribunal | url = http://www.trust.org/alertnet/news/bangladesh-stop-harassment-of-defense-at-war-tribunal | newspaper = Thomson Reuters Foundation | date = 2 November 2011
}}
</ref>

<ref name="Ghafour">
{{cite news|last=Ghafour|first=Abdul|title=International community urged to stop ‘summary executions’ in Bangladesh|newspaper=Arab News|date=31, October 2012}}
</ref>

<ref name="Karim">
{{cite book|last=Karim|first=Bianca|title=International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion|year=2011|publisher=Oxford University Press|isbn=978-0199694907|coauthors=Tirza Theunissen|editor=Dinah Shelton|page=114|date=29|month=September}}
</ref>

<ref name="BdST">
{{cite news|last=St|first=Bd|title=Prosecutor begins statement against SQ Chy|url=http://bdnews24.com/details.php?cid=2&id=223797|newspaper=BD News 24|date=3, May 2012}}</ref>

<ref name="Chair">
{{cite news|last=IANS|title=We will wait, watch: Jamaat on war crimes trial|url=http://www.thaindian.com/newsportal/politics/we-will-wait-watch-jamaat-on-war-crimes-trial_100339663.html|newspaper=Thaindian News|date=26, March 2010}}
</ref>

<ref name="UNBconnect">
{{cite news|last=Connect|first=UNB|title=War Crimes Tribunal constituted, prosecutors, investigation agency named|url=http://www.unbconnect.com/component/news/task-show/id-17173|newspaper=UNBconnect|date=25, March 2010}}
</ref>

<ref name="RoyNYT">
{{cite news | last = Roy | first = Nilanjana S. | title = Bangladesh War's Toll on Women Still Undiscussed | url = http://www.nytimes.com/2010/08/25/world/asia/25iht-letter.html | newspaper = New York Times | date = 24 August 2010
}}
</ref>

<ref name="Huskey">
{{cite web|last=Huskey|first=Kristine A.|title=The International Crimes Tribunal in Bangladesh – Will Justice Prevail?|url=http://www.crimesofwar.org/commentary/the-international-crimes-tribunal-in-bangladesh-will-justice-prevail/|publisher=Crimes of War}}
</ref>

<ref name="Allchin">
{{cite news|last=Allchin|first=Joseph|title=The Midlife Crisis of Bangladesh|url=http://www.foreignpolicy.com/articles/2012/12/21/the_midlife_crisis_of_bangladesh?page=full&wp_login_redirect=0|newspaper=Foreign Policy|date=21, December 2012}}
</ref>

<ref name="The Economist">
{{cite news|last=Economist|first=The|title=Discrepancy in Dhaka|url=http://www.economist.com/blogs/banyan/2012/12/bangladesh|newspaper=The Economist|date=8, December 2012}}
</ref>

<ref name="Ethirajan">
{{cite news|last=Ethirajan|first=Anbarasan|title=Bangladesh war crimes judge Nizamul Huq resigns|url=http://www.bbc.co.uk/news/world-asia-20677752|newspaper=BBC|date=11, December 2012}}</ref>

<ref name="Wright">
{{cite news|last=Wright|first=Tom|title=Bangladesh War-Crime Tribunal Bogs Down|url=http://online.wsj.com/article/SB10001424127887323777204578189153918592308.html|newspaper=Wall Street Journal|date=20, December 2012}}
</ref>

<ref name="HRW Retrial">
{{cite web|title=Bangladesh: Retrial Needed in Sayedee Case|url=http://www.hrw.org/news/2012/12/13/bangladesh-retrial-needed-sayedee-case|publisher=Human Rights watch|accessdate=13, December 2012}}
</ref>

<ref name="BdST PM">
{{cite news|last=News|first=Bd|title=PM: Don't be puzzled, trial will end|url=http://www.bdnews24.com/details.php?cid=2&id=238176&hb=top|newspaper=Bd News 24|date=14, December 2012}}
</ref>
}}


] ]

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Old High Court Building (Dhaka) where the tribunal is taking place.

The International Crimes Tribunal (ICT) is an ongoing tribunal in Bangladesh that aims to investigate and administer justice regarding the war crimes, crimes against humanity, genocide and crimes against peace committed by Pakistan army and their local collaborators Razakar, Al-Badr, Al-Shams during the Bangladesh Liberation War of 1971. Bangladesh government figures estimate that more than three million people were killed and between 200,000 and 400,000 women were raped, although independent researchers have the death toll at between 300,000 and 500,000. It is estimated that up to 10 million refuges fled to India and that a further 30 million were displaced. After their victory in the 2008 election the Awami League formed the ICT on 25 March 2010 by amending some aspects of the International Crimes (Tribunals) Act 1973 of Bangladesh.

The International Crimes Tribunal has been criticised for failing to adhere to international legal standards, including from the United Nations, Human Rights Watch and Amnesty International. Members of the European Parliament have welcomed the effort to seek justice for crimes committed in 1971, and also cautioned that they would like to "ensure that the trials reach the highest possible standards." Defense lawyers of Jamaat-e-Islami have condemned the tribunal and Human Rights Watch has expressed their concerns over the rights of the defense. In addition, a U.S. State Department cable published by WikiLeaks notes that "there is little doubt that hard-line elements within the ruling party believe that the time is right to crush Jamaat and other Islamic parties."

On 6 December 2012, The ICT accused The Economist of hacking the then tribunal chairman and presiding judge, Nizamul Huq's computer and obtaining copies of recorded conversations and email communication with Ahmed Ziauddin, a Bangladeshi lawyer in Brussels. The Economist uncovered evidence in the leaked conversations of a collusion between the judiciary, the prosecution and the Bangladeshi government, as well as inappropriate contacts between Nizamul Huq and Ahmed Ziauddin. The ensuing scandal resulted in the resignation of Nizamul Huq as chair of the tribunal and calls by Human Rights Watch for the retrial of Delawar Hossain Sayedee. Despite this, on the 14th of December 2012, Prime Minister Shaykh Hasina declared that the Tribunal will carry on despite what she calls the “maligning of the government” and that the “war criminals will be tried”.

Formation of the Tribunal

The tribunal was formed in March 2010 to hold trial of those accused of their involvement in crimes against humanity, including genocide, rape, murder and arson during the 1971 Liberation war. Earlier, on July 30, 2009, the Minister of Law, Justice and Parliamentary Affairs of Bangladesh stated that no Pakistanis would be tried under the International Crimes (Tribunals) Act 1973. This decision has drawn criticism from international jurists, as it effectively gives immunity to the army commanders of the Pakistan Army who are generally considered to be ultimately responsible for the majority of crimes of 1971.

Arrested accused in war crimes trial

With the arrest of former Jamaat-e-Islami party Chief Golam Azam, the number of arrested stood at 7. Other six of the accused are in jail. They are Bangladesh Jamaat-e-Islami chief Motiur Rahman Nizami, Secretary General Ali Ahsan Mujahid, Nayeb-e-Ameer Delwar Hossain Sayeedi, Kamaruzzaman, Qader Mollah and BNP leader Salahuddin Quader Chowdhury. Another BNP leader Abdul Aleem is out on bail for his illness.

Formation of the tribunal

Bangladesh Government announced names of members of judge's panel, investigation agency and prosecutor panel of the tribunal on March 25, 2010.

Judge’s panel of the tribunal: Justice Mohammed Nizamul Huq was named as the chair of the 3-member judge’s panel of the tribunal. Justice ATM Fazle Kabir and retired District Judge A K M Zahir Ahmed are other members of the panel. Judge Nizamul Huq Nasim has been identified as a lawyer who wrote a report in 1994 accusing the current suspects of the ICT of war crimes, casting doubts over the impartiality of the trials. This report forms a key part of the prosecution evidence.

Investigation agency of the tribunal: Former Additional Secretary Abdul Motin was made chief of the investigation agency of the tribunal. The other investigation officers are: Former Additional IGP Abdur Rahim, DIG Kutubur Rahman, Retired Army Major Shamsul Arefin, Additional DIG of CID Mir Shahidul Islam, CID Inspector Nurul Islam and CID Inspector Abdur Razzak.

Members of prosecutor panel of the tribunal: Senior lawyer Golam Arif Tipu has been made chief prosecutor of the tribunal. The others are: Syed Rezaur Rahman, Golam Hasnain, Zahir Ahmed, Rana Dasgupta, Jeyad Al-Malum, Syed Haidar Ali, Khondokar Abdul Mannan, Mosharraf Hossain Kajol, Nurul Islam Sujon, Sanjida Khanam and Sultan Mahmud Sumon.

Criticism of the Tribunal

The ICT has been criticised by Human Rights Watch, Amnesty International, and the International Bar Association.

Veteran International criminal lawyer Steven Kay QC, whose counsel has been sought by the Jamaat defence, has drawn attention to the International Crimes Tribunal Act 2009 which is an amendment of The International Crimes Tribunals Act of 1973. He criticised the acts for withdrawing constitutional rights from Bangladeshis who had not been convicted of any crime, but rather were only suspected of crimes. He also highlighted that constitutional amendements of 1973 mean that the tribunal has no technical rules of evidence at all, admitting "any evidence which it deems to have a probative value".

The International Criminal Law Bureau has also identified the chairman of the Tribunal, Judge Nizamul Hoque Nasim, as a lawyer who authored a report in 1994 accusing the current ICT suspects of war crimes, casting doubts over the impartiality of the trials. The report forms a key part of the prosecution evidence. The Bureau stated that "The Chairman of the Bangladesh ICT has a visible and apparent interest and bias in these proceedings, of such a substantial nature he should be disqualified".

British House of Lords peer Lord Avebury outlined 20 matters of concern regarding the Tribunal, including the refusal to allow foreign counsel to appear before the Tribunal; a complete disregard for complying with domestic and international law; the targeting of only members of the opposition parties; and censorship of the media.

Laurel Fletcher, clinical professor of Law at the University of California, Berkeley said, "such trials run the risk of turning into political show trials, where laws are bent to produce predetermined results".

On the 15th of December, when the Economist published their analysis of the leaked conversations between the then presiding judge Nizamul Huq and Brussels based Bangladeshi lawyer Ahmad Ziauddin, they raised some serious concerns regarding the ICT. They pointed out that "These concerns are so serious that there is a risk not only of a miscarriage of justice affecting the individual defendants, but also that the wrongs which Bangladesh has already suffered will be aggravated by the flawed process of the tribunal"

Following the publishing of some of the leaked evidence concerning conversations between the then Chairman of the tribunal, Nizamul Haq, the subsequent analysis by the Economist, and the resignation of Nizamul Huq on the 11th of December 2012, Human Rights Watch issued a statement regarding the necessity of a retrial for one of the ICT’s cases. In the Sayedee Case, the only judge who had heard the totality of the evidence was Nizamul Huq, now resigned. Brad Adams, Director of Human Rights Watch Asia, has said: “It would be highly irresponsible and unprofessional for a verdict to be delivered when none of the judges heard all the evidence and were unable to assess the credibility of key witnesses, particularly in a trial involving 40-year old evidence and complex legal issues . Before the chair of the court resigned for improprieties only one judge had heard the totality of the evidence, and now even that one judge is gone. A new trial is the only way for the court to preserve its integrity.”.

UN Detention Ruling

In November 2011, the United Nations Working Group on Arbitrary Detention adopted an opinion stating that the detention of Motiur Rahman Nizami, Abdul Quader Molla, Mohammad Kamaruzzaman, Ali Hasan Mohammad Mujahid, Delawar Hossain Sayedee and Salahuddin Quader Chowdhury fall in the category of arbitrary detention, in violation of the International Covenant on Civil and Political Rights, of which Bangladesh is a signatory. It stated that “The Working Group considers that holding individuals in pretrial detention in the absence of any reasoned and adequate explanation is unnecessary and disproportional to the aim sought.”

Leaks from the Tribunal Chair

On 6 December 2012, the tribunal chairman passed an order against The Economist magazine claiming that his computer had been hacked and that offenses have been committed by the magazine's editors. The Economist responded on 8 December with a short article claiming to have in their possession 17 hours of recorded telephone conversations and 230 e-mails exchanged between the tribunal chairman, Mohammed Nizamul Huq, and Ahmed Ziauddin, a lawyer of Bangladeshi origins based in Belgium.

According to The Economist, "On 6th December 2012 the presiding judge of Bangladesh’s International Crimes Tribunal, Mohammed Nizamul Huq, passed an order requiring two members of The Economist to appear before the court, demanding that they explain how we have come by e-mails and conversations between himself and Ahmed Ziauddin a lawyer of Bangladeshi origins based in Belgium." Since then, the judge along with the controversy has gained international attention.

The Economist subsequently published an analysis of the leaked conversations and the reasons for the resignation of Nizamul Huq. The Economist deemed the use of confidential e-mails and conversations justified because of serious public interest. The Economist has stated that they have done their best to ensure that these materials are genuine and see no reason to suppose that any of these 17 hours of conversation, or 230 emails are fakes or have been tampered with.

See also

References

  1. U.S. Consulate (Dacca) Cable, Sitrep: Army Terror Campaign Continues in Dacca; Evidence Military Faces Some Difficulties Elsewhere, March 31, 1971, Confidential, 3 pp
  2. Telegram 978 From the Consulate General in Dacca to the Department of State, March 29, 1971, 1130Z
  3. Rummel, Rudolph. "Chapter 8: Statistics Of Pakistan's Democide Estimates, Calculations, And Sources". Statistics of Democide: Genocide and Mass Murder since 1900. p. 544. ISBN 978-3-8258-4010-5. "...They also planned to indiscriminately murder hundreds of thousands of its Hindus and drive the rest into India. ... This despicable and cutthroat plan was outright genocide'. {{cite book}}: |access-date= requires |url= (help)
  4. A. R. Siddiqui, East Pakistan - the Endgame: An Onlooker's Journal 1969-1971, Oxford University Press, 2004, p. 171.
  5. R. Sisson and L. E. Rose. Pakistan, India, and the Creation of Bangladesh, University of California Press, 1990, p. 165.
  6. Susan Brownmillar, Against Our Will: Men, Women and Rape, (New York: Fawcett Columbine, 1975), 84.
  7. Bina D'Costa, "Marginalized identity: new frontiers of research for IR?", in Brooke Ackerly, Maria Stern, Jacqui True (eds.), Feminist Methodologies for International Relations, (Cambridge: Cambridge University Press, 2006), 136.
  8. Riedel, Bruce O. (2011). Deadly embrace: Pakistan, America, and the future of the global jihad. Brookings Institution. p. 10. ISBN 978-0-8157-0557-4.
  9. http://jurist.org/paperchase/2010/03/bangladesh-establishes-tribunal-for.php
  10. Totten, Samuel. Dictionary of Genocide: A-L. Volume 1: Greenwood. p. 34. ISBN 978-0-313-32967-8. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)CS1 maint: location (link)
  11. Bangladesh indicts opposition leader Aljazeera English, 13 May 2012]
  12. Lewis, David (31). Bangladesh: Politics, Economy and Civil Society. Cambridge University Press. p. 97. ISBN 978-0521886123. {{cite book}}: Check date values in: |date= and |year= / |date= mismatch (help); Unknown parameter |month= ignored (help)
  13. "Justice and Parliamentary Affairs issued S.R.O No. 87-AvBb/2010-wePvi-4/5wm-2/2010/506". http://www.bgpress.gov.bd. Retrieved 2010-09-19. {{cite web}}: External link in |work= (help)
  14. "Law amended for war crime trials". The Daily Star. Dhaka, Bangladesh. Retrieved 2010-09-19.
  15. ^ Banged up in Bangladesh, Radio Netherlands Worldwide, 8 February 2012
  16. ^ Section on ICT from Amnesty International Annual Report 2011, Amnesty International.
  17. ^ Bangladesh must stop harassing defense lawyers of the war crimes tribunal, Human Rights Watch, November 2, 2011.
  18. ^ Opinion No. 66/2011 (Bangladesh), United Nations Working Group on Arbitrary Detention
  19. ^ Int'l Crimes Tribunal fair, The Daily Star, 17 January 2012
  20. ^ A War Crimes Court and a Travesty of Justice, The International Herald Tribune, November 29, 2011.
  21. ^ Lord Avebury confronts Law Minister Over Bangladesh War Crimes Tribunal International Criminal Law Bureau, Steven Kay QC, 28 July 2011
  22. Vote of trust for war trial: EU Parliament member hails Bangladesh's effort, The Daily Star, 3 February 2012
  23. Text of ICT Prosecutor’s Speech before South Asian Committee of EU Parliament
  24. ^ Bangladesh its Constitution & the International Crimes (Tribunals) (Amendment) Act 2009, Steven Kay QC, 13 October 2010.
  25. ^ Obstructing International Defence, Radio Netherlands Worldwide, August 17, 2011.
  26. The Midlife Crisis of Bangladesh, Foreign Policy, 21 December 2012.
  27. ^ Economist accused of hacking ICT judge's computer, Washington Post, December 9, 2012.
  28. ^ Economist magazine faces contempt in Bangladesh, Huffington Post, December 9, 2012.
  29. ^ The trial of the birth of a nation, The Economist, 15th Dec 2012
  30. ^ Bangladesh: Retrial Needed in Sayedee Case, Human Rights Watch, 13th Dec 2012
  31. PM: Don't be puzzled, trial will end, , 14th Dec 2012
  32. Suzannah Linton, 'Completing the circle: accountability for the crimes of the 1971 Bangladesh war of liberation', Criminal Law Forum (2010) 21:191-311, p. 228.
  33. S. Linton, Criminal Law Forum (2010), p. 228.
  34. http://www.thedailystar.net/newDesign/latest_news.php?nid=33817
  35. http://www.dailyjanakantha.com/news_view.php?nc=15&dd=2010-03-30&ni=13081
  36. ^ http://www.snnbd.com/mnews-n.php?id=16513&cid=0.23
  37. ^ First Bangladesh War Crimes Trial – The Judge who is part of the evidence, International Criminal Law Bureau, 21 November 2011.
  38. http://www.unbconnect.com/component/news/task-show/id-17173
  39. The International Crimes (Tribunals) Act 1973 19. (1) A Tribunal shall not be bound by technical rules of evidence; and it shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and may admit any evidence, including reports and photographs published in newspapers, periodicals and magazines, films and tape-recordings and other materials as may be tendered before it, which it deems to have probative value.
  40. Discrepancy in Bangladesh, The Economist, 8th Dec 2012
  41. Discrepancy in Dhaka, The Economist, December 8, 2012.
  42. Bangladeshi war crimes tribunal issues notice to The Economist, The Indian Express, December 6, 2012.
  43. Tribunal chief's net talks, mail hacked, The Daily Star, December 7, 2012.
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