Misplaced Pages

International Crimes Tribunal (Bangladesh)

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

This is an old revision of this page, as edited by 14.139.193.45 (talk) at 08:11, 1 January 2013 (Undid revision 530701918 by Aminul802 (talk) rv needless edit-warring). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Revision as of 08:11, 1 January 2013 by 14.139.193.45 (talk) (Undid revision 530701918 by Aminul802 (talk) rv needless edit-warring)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)
Old High Court Building (Dhaka) where the tribunal is taking place.

The International Crimes Tribunal (ICT) is an ongoing court case in Bangladesh with the mandate to investigate and administer justice over the atrocities which were committed by the Pakistan army and their local collaborators, the Razakar's, Al-Badr and Al-Shams during the Bangladesh Liberation War. During the 2008 general election the Awami League(AL) pledged to bring to justice those who had collaborated with Pakistan during the war. And after a landslide victory began the trials. The War Crimes Fact Finding Committee 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.

Jamaat-e-Islami Bangladesh Deputy Leader Delwar Hossain Sayeedi, 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. Four other members of Jamaat-e-Islami Bangladesh, including Motiur Rahman Nizami, have also been indicted for war crimes as heve members of Bangladesh National Party(BNP). While human rights groups and various political entities have welcomed the trials there has been criticism over the progress, transparency and reported harassment of lawyers representing the accused.

In December 2012 the chief justice Mohammed Nizamul Huq resigned his position after The Economist received copies of Skype and e-mail accounts.

Background

The events of the nine-month conflict are widely viewed as genocide. and during the conflict it is estimated that between two hundred thousand and four hundred thousand. women and children were raped during the conflict and between one million and 3 million people killed and an estimated 10 million refuges entering India with a further 30 million being displaced.

In 2009 it was announced by Shafique Ahmed that the trials would be held under the International Crimes (Tribunal) Act 1973. 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.

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.

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.

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.

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.

Reception

Initially Non-governmental organization'sNGO'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. Irene Khan has said of her own government's reaction:

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.

Human Rights Watch has supported the tribunal, and they have also been critical of reported harassment of lawyers representing the accused. Brad Adams, director of the Asia branch of Human Rights Watch, said:

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.

Stephen Rapp 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". and Kristine A. Huskey writing for the NGO Crimes of War said Rapp gave a 10-page letter to the prosecution which voiced recommendations and various concerns. However a leaked cable 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." Bangladeshi opposition political parties have demanded the release of those held claiming the arrests are politically motivated.

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. The Economist has said "We did not solicit the material, nor pay for it, nor commit ourselves to publish it," The controversy lead to the resignation of Huq from the tribunal. According to the Wall Street Journal 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. Defence lawyers acting for Ghulam Azam and Delawar Hossain Sayedee have requested a retrial over the controversy. Sheikh Hasina the prime minister of Bangladesh has said the trials will continue regardless of the controversy.

References

  1. Wierda, Marieke (31). Luc Reydams, Jan Wouters, Cedric Ryngaert (ed.). International Prosecutors. Oxford University Press. p. 169. ISBN 978-0199554294. {{cite book}}: Check date values in: |date= and |year= / |date= mismatch (help); Unknown parameter |coauthors= ignored (|author= suggested) (help); Unknown parameter |month= ignored (help)CS1 maint: multiple names: editors list (link)
  2. Kibria, Nazli (2011). Muslims in Motion: Islam and National Identity in the Bangladeshi Diaspora. Rutgers University Press. p. 19. ISBN 978-0813550565.
  3. Rahman, Syedur (2010). Historical dictionary of Bangladesh (4th ed.). Rowman & Littlefield. p. 289. ISBN 978-0-8108-6766-6. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  4. Montero, David (July 14, 2010). "Bangladesh arrests are opening act of war crimes tribunal". Christian Science Monitor.
  5. Of India, Press Trust (20 November 2011). "Bangladesh 1971 war crimes trial begins". Hindustan Times.
  6. Dhaka, Associated Press (3 October 2011). "Bangladesh party leader accused of war crimes in 1971 conflict". The Guardian.
  7. ^ Adams, Brad (18 May 2011). "Letter to the Bangladesh Prime Minister regarding the International Crimes (Tribunals) Act". Human Rights Watch.
  8. ^ Haq, M. Zahurul (5). M.N. Schmitt, Louise Arimatsu, T. McCormack (ed.). Yearbook of International Humanitarian Law - 2010 (1st ed.). Springer. p. 463. ISBN 978-9067048101. {{cite book}}: Check date values in: |date= and |year= / |date= mismatch (help); Unknown parameter |month= ignored (help)CS1 maint: multiple names: editors list (link)
  9. Ullah, Ansar Ahmed (3, February 2012). "Vote of trust for war trial". The Daily Star. {{cite news}}: Check date values in: |date= (help)
  10. ^ Adams, Brad (2 November 2011). "Bangladesh: Stop Harassment of Defense at War Tribunal". Thomson Reuters Foundation.
  11. ^ Karim, Bianca (29). Dinah Shelton (ed.). International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion. Oxford University Press. p. 114. ISBN 978-0199694907. {{cite book}}: Check date values in: |date= and |year= / |date= mismatch (help); Unknown parameter |coauthors= ignored (|author= suggested) (help); Unknown parameter |month= ignored (help)
  12. Ghafour, Abdul (31, October 2012). "International community urged to stop 'summary executions' in Bangladesh". Arab News. {{cite news}}: Check date values in: |date= (help)
  13. Simms, Brendan (2011). Brendan Simms, D. J. B. Trim (ed.). Humanitarian Intervention: A History. Cambridge University Press. p. 17. ISBN 978-0-521-19027-5.
  14. Saikia, Yasmin (2011). Elizabeth D. Heineman (ed.). Sexual Violence in Conflict Zones: From the Ancient World to the Era of Human Rights. University of Pennsylvania Press. p. 157. ISBN 978-0-8122-4318-5.
  15. 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.
  16. DeGroot, Gerard (2011). The Seventies Unplugged: A Kaleidoscopic Look at a Violent Decade. Pan Macmillan. p. 64. ISBN 978-0330455787.
  17. 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)
  18. Alffram, Henrik (2009). Ignoring Executions and Torture: Impunity for Bangladesh's Security Forces. Human Rights Watch. p. 12. ISBN 1-56432-483-4.
  19. St, Bd (3, May 2012). "Prosecutor begins statement against SQ Chy". BD News 24. {{cite news}}: Check date values in: |date= (help)
  20. IANS (26, March 2010). "We will wait, watch: Jamaat on war crimes trial". Thaindian News. {{cite news}}: Check date values in: |date= (help)
  21. ^ Connect, UNB (25, March 2010). "War Crimes Tribunal constituted, prosecutors, investigation agency named". UNBconnect. {{cite news}}: Check date values in: |date= (help)
  22. ^ Roy, Nilanjana S. (24 August 2010). "Bangladesh War's Toll on Women Still Undiscussed". New York Times.
  23. Huskey, Kristine A. "The International Crimes Tribunal in Bangladesh – Will Justice Prevail?". Crimes of War.
  24. Allchin, Joseph (21, December 2012). "The Midlife Crisis of Bangladesh". Foreign Policy. {{cite news}}: Check date values in: |date= (help)
  25. Economist, The (8, December 2012). "Discrepancy in Dhaka". The Economist. {{cite news}}: Check date values in: |date= (help)
  26. Ethirajan, Anbarasan (11, December 2012). "Bangladesh war crimes judge Nizamul Huq resigns". BBC. {{cite news}}: Check date values in: |date= (help)
  27. ^ Wright, Tom (20, December 2012). "Bangladesh War-Crime Tribunal Bogs Down". Wall Street Journal. {{cite news}}: Check date values in: |date= (help)
  28. "Bangladesh: Retrial Needed in Sayedee Case". Human Rights watch. Retrieved 13, December 2012. {{cite web}}: Check date values in: |accessdate= (help)
  29. News, Bd (14, December 2012). "PM: Don't be puzzled, trial will end". Bd News 24. {{cite news}}: |last= has generic name (help); Check date values in: |date= (help)
Categories: