The Bangladesh War Crimes Trials - Strengthening Normative Structure

Abstract

Post-Nuremberg there has been an interesting variety of criminal justice mechanisms to ensure avoidance of impunity for war crimes. Apart from the ICTY, ICTR mechanisms and the ICC, States have also exercised sovereign territorial right to try war crimes.  State interests and international concern aiming at ensuring avoidance of impunity can be effectively blended in the institution and applicable law too, like was done in Kosovo, Timor and Cambodia. Handled by international community it could restore the credibility of the State's intention to try war crimes. Bangladesh’s law on punishing war crimes during the liberation war has come in for much criticism for its features that are against the fundamental due process norms that apply across the diversity of justice mechanisms. This research paper looks at the recent judgment of the ICT in Bangladesh from the perspective of the due process concerns and presents the hybrid tribunals as an alternative methodology for criminalizing war crimes in Bangladesh legislation.

Key words: international humanitarian law, war crimes, Bangladesh, ICTA, 1973, hybrid tribunals