International Crimes Tribunal Bangladesh (ICTB) and Violations of Right to Fair Trial

International Crimes Tribunal Bangladesh (ICTB) and Violations of Right to Fair Trial
Author: Muhammad Abdullah Fazi
Publisher:
Total Pages: 16
Release: 2017
Genre:
ISBN:

Right to fair trial is recognized internationally as a fundamental human right and countries are bound to respect it. Therefore the war crime tribunals of former Yugoslavia (ICTY) and Rwanda (ICTR) were fully accepted the fair trial right and with the mandate of United Nations, incorporated it in their statutes as a guarantee against the unlawful actions. While the domestic war crime tribunal of Bangladesh (ICTB) follows its own special procedures and rules which is lacking the fair trial guarantees to ensure a free and fair trial. In terms of rights ensuring fair trial guarantees, procedure, statutes and working, there are huge differences found between the ICTB and the other two internationally recognized tribunals (ICTY & ICTR). The ICTY and ICTR appear more transparent and fair than the ICTB. The ICTB has repeatedly deviated from the recognized judicial norms and principal of fair trial. Moreover, non-compliance with the ICCPR, violations of the domestic laws of the country and the revealed Skype scandal makes the tribunal (ICTB) illegal.

Trial of A Nation

Trial of A Nation
Author: MUHAMMAD ABDULLAH FAZI
Publisher: IRD, Iqbal International Institute for Research & Dialogue IIUI
Total Pages: 16
Release: 2024-01-01
Genre: Political Science
ISBN: 6275020148

This book offers a critical perspective of the Modus Operandi of The International Crimes Tribunal Bangladesh, highlighting the influences of prejudice. It argues that the tribunal was established to prosecute the accused of the 1971 war, violating their right to fair trial provisions guaranteed by the International Covenant on Civil and Political Rights (ICCPR) and the Rome Statute of the International Criminal Court. For this, I have attempted to expound the ontology and contents of minimum guarantees available to every accused, particularly in a war crime trial. Accordingly, the book evaluates the proceedings of the International Crimes Tribunal Bangladesh (ICTB) alongside other internationally recognized tribunals such as the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, to identify areas of concern in the ICTB. A volume as slim as this cannot comprehensively cover every aspect of such a complex institution of war crimes trial. Yet, the book covers the most crucial and salient points of a particular case study of the ICTB in light of modern justice. Therefore, the book si confined strictly ot the legal aspects of these issues. As a purely legal inquiry, this book does not cover the historical, political, and social implications of the issue.

The International Crimes Tribunal in Bangladesh

The International Crimes Tribunal in Bangladesh
Author: Miriam Beringmeier
Publisher: BWV Verlag
Total Pages: 326
Release: 2018-07-16
Genre: Crimes against humanity
ISBN: 383053860X

"The International Crimes Tribunal in Bangladesh was established in 2010 with the aim of bringing to trial perpetrators of crimes committed during the Liberation War in 1971, through which the country seceded from Pakistan. The International Crimes Tribunal is a domestic tribunal based on the International Crimes Tribunals Act from 1973 and the rules of procedure enacted by the Tribunal itself. The initiation of these trials almost 40 years after the war entails several challenges. The publication examines to what extent the Tribunal's legal framework as well as its jurisprudence comply with international standards as established in international treaties, customary international law and in the jurisprudence of international criminal law. To this end, the substantive law and its interpretation as well as the procedural standards applied at these trials are examined thoroughly. At the same time, the analysis takes into account the political environment surrounding the Tribunal's work and assesses its impact on the country?s process of coming to terms with the past."--

National Trials of International Crimes in Bangladesh

National Trials of International Crimes in Bangladesh
Author: M. Rafiqul Islam
Publisher: BRILL
Total Pages: 536
Release: 2019-03-19
Genre: Law
ISBN: 9004389385

This book presents an account and interpretation of the major legal issues arising in course of the trial process and their judicial expositions reflected in the judgments and underscores their precedential significance, legacy, and contribution.

An Introduction to the Law of International Criminal Tribunals

An Introduction to the Law of International Criminal Tribunals
Author: Geert-Jan Knoops
Publisher: Martinus Nijhoff Publishers
Total Pages: 378
Release: 2014-09-11
Genre: Law
ISBN: 904742901X

In An Introduction to the Law of International Criminal Tribunals Geert-Jan Alexander Knoops offers an overview of the basic topics in international criminal law (ICL). It discusses main characteristics of International Criminal Tribunals (ICTs), as well as definitions of international crimes. The book will delve into issues of jurisdiction and complementarity, liability principles and specialized defences. Other topics are: due process rights, evidence, trials in absentia and State cooperation. A new chapter is devoted to the geopolitical effects of international criminal prosecutions. The second revised edition includes a chapter on the “new” crime of aggression and is updated with the most recent developments in ICL. The book is essential to everyone becoming familiar with the basic topics and challenges within ICL.

The Blood Telegram

The Blood Telegram
Author: Gary J. Bass
Publisher: Vintage
Total Pages: 457
Release: 2013-09-24
Genre: History
ISBN: 0385350473

A riveting history—the first full account—of the involvement of Richard Nixon and Henry Kissinger in the 1971 atrocities in Bangladesh that led to war between India and Pakistan, shaped the fate of Asia, and left in their wake a host of major strategic consequences for the world today. Giving an astonishing inside view of how the White House really works in a crisis, The Blood Telegram is an unprecedented chronicle of a pivotal but little-known chapter of the Cold War. Gary J. Bass shows how Nixon and Kissinger supported Pakistan’s military dictatorship as it brutally quashed the results of a historic free election. The Pakistani army launched a crackdown on what was then East Pakistan (today an independent Bangladesh), killing hundreds of thousands of people and sending ten million refugees fleeing to India—one of the worst humanitarian crises of the twentieth century. Nixon and Kissinger, unswayed by detailed warnings of genocide from American diplomats witnessing the bloodshed, stood behind Pakistan’s military rulers. Driven not just by Cold War realpolitik but by a bitter personal dislike of India and its leader Indira Gandhi, Nixon and Kissinger actively helped the Pakistani government even as it careened toward a devastating war against India. They silenced American officials who dared to speak up, secretly encouraged China to mass troops on the Indian border, and illegally supplied weapons to the Pakistani military—an overlooked scandal that presages Watergate. Drawing on previously unheard White House tapes, recently declassified documents, and extensive interviews with White House staffers and Indian military leaders, The Blood Telegram tells this thrilling, shadowy story in full. Bringing us into the drama of a crisis exploding into war, Bass follows reporters, consuls, and guerrilla warriors on the ground—from the desperate refugee camps to the most secretive conversations in the Oval Office. Bass makes clear how the United States’ embrace of the military dictatorship in Islamabad would mold Asia’s destiny for decades, and confronts for the first time Nixon and Kissinger’s hidden role in a tragedy that was far bloodier than Bosnia. This is a revelatory, compulsively readable work of politics, personalities, military confrontation, and Cold War brinksmanship.

Unimaginable Atrocities

Unimaginable Atrocities
Author: William Schabas
Publisher: Oxford University Press
Total Pages: 241
Release: 2012-02-23
Genre: History
ISBN: 0199653070

As international criminal justice has grown in prominence, so have the challenges facing it. This book discusses the unresolved questions and dilemmas confronted by international war crimes courts. These include the controversies surrounding prosecutorial policy, the tension between peace and justice, and accusations of victor's justice.

Treatise on International Criminal Law

Treatise on International Criminal Law
Author: Kai Ambos
Publisher: Oxford University Press
Total Pages: 832
Release: 2016
Genre: Law
ISBN: 0199665613

Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences.

The International Criminal Court

The International Criminal Court
Author: Olympia Bekou
Publisher: Routledge
Total Pages: 508
Release: 2017-11-28
Genre: Law
ISBN: 1351146386

The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.