Has the International Crimes Tribunal Bangladesh (ICT-BD) assisted to Reconcile Society?
After the Liberation War between East Pakistan and West Pakistan in 1971, Bangladesh, a newly formed country, implemented the International Crimes (Tribunals) Act in 1973 to punish the suspects. However, not until 2009 did the Bangladeshi government revive the idea of trials, declaring its intentio...
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| Format: | Article |
| Language: | English |
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Danubius University
2023-09-01
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| Series: | Acta Universitatis Danubius: Juridica |
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| Online Access: | https://dj.univ-danubius.ro/index.php/AUDJ/article/view/2379 |
| Summary: | After the Liberation War between East Pakistan and West Pakistan in 1971, Bangladesh, a newly formed country, implemented the International Crimes (Tribunals) Act in 1973 to punish the suspects. However, not until 2009 did the Bangladeshi government revive the idea of trials, declaring its intention to prosecute the suspects of the atrocities. By appointing judges, investigators, and prosecutors, the Tribunal was subsequently established in 2010. Despite the government’s claim that the Tribunal established by the 1973 Act operates freely and independently, this paper investigates some crucial provisions of the 1973 Act that negatively impact the entire judicial process of criminalizing and punishing suspects. Furthermore, it analyses the activities of the Tribunal based on international practices. It examines some judgments and contends that while the Bangladeshi government’s efforts to bring the suspects to justice are commended, the domestic Tribunal fell short of ensuring fair trial rights for the accused and justice for society. It further contends that rather than uniting society, the Tribunal splintered it. The study continues by noting that combining a hybrid tribunal and a Truth Commission could have helped unite the community and ensure justice.
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| ISSN: | 1844-8062 2065-3891 |