1973 War Crimes Act
The Law Commission recently invited legal experts to give feedback on the 1973 War Crimes Act to make it “current”. In light of this request, Drishtipat has taken an independent initiative to collect legal feedback on the Act, and hereby respectfully present our comments. The primary purpose of these collected comments is to ensure compliance with international standards of due process, so that cases filed under this act are strong enough, and do not get rejected in a future appeals court due to non-compliance with international standards. As Drishtipat is deeply committed to war crimes trials, we also believe it is absolutely essential that the trials conform to international standards, so that the verdicts can be internationally respected and recognized.
- Jyoti Rahman & Naeem Mohaiemen: Getting It Right
- Drishtipat: recommendations for the ammendment
- Human Rights Watch: Upgrade War Crimes Law
- Parliament Passes 2009 Amendments
- Govt okays law change but not enough.
- Download International Crimes (Tribunal) Act 1973 here
The Act is such a joke. I don’t know who drafted it but as it stands now I have every reason to fear that none of the accused war criminals would eventually be punished. The Act needs thorough vetting before the Government goes ahead with the trials.
Just a few comments:
The Act does not define Armed Forces. It needs to ensure that the Rajakaars would fall within the definition of Auxiliary Forces.
Understandably the Act derogates from various rights and liberties normally allowed to accused persons. Particularly, it ensures that the safeguards and standards of the Criminal Procedure Code, 1898 (V of 1998) and the Evidence Act 1872 (I of 1872) does not apply to any proceedings under this Act.
However, it goes on to ensure that a person convicted of any crime and sentenced by a Tribunal shall have the right of appeal to the Appellate Division of the Supreme Court of Bangladesh against such conviction and sentence.
At the appeal stage the whole process can be questioned as unconstituional since the rights and liberties of the accused persons were not completely guaranteed.
This would also have the impact of dragging the cases for years.
Needs a lot more improvements. The AL government needs to put in a lot more effort into this.
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I didn’t know that way back in 1972 the AL goverment in the war-torn country had a act in place to try the killers and criminals for war crimes. It was a visionary step. The then AL government deserves credit for that.
After 1975 it was Zia who acted on behalf of the collaborators the Jamaat-e-Islami, Al Shams and Al Badr to abolish the trial process. It was Razakaar Shah Aziz who first termed Zia as the person who made the call for independence at the sham parliament what is now the PMO.
AL’s twice ascent to power has foiled Zia’s evil design to keep it away from power forever.
This time the AL must execute the verdict on the assassins of Bangabandhu Sheikh Mujib and complete the trial and punishment of war criminals of 1971.
If its required the 4/5th majority AL has all the power to amend and enact legislations in the parliament to get the job done.
Before these two issues of national shame are brought to a conclusion the defeated forces of 1971 will try all kinds of ploys to derail the war crimes tribunal procedure.
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” Dhaka, June 14 (bdnews24.com)—The United States has urged Bangladesh “not to politicise” the issue of trial of 1971 war criminals, stressing accountability of the government.
“Let me say on the question of war crimes that the United States believes strongly in the importance of accountability,” the visiting US assistant secretary of state Robert O Blake told a press conference on Sunday.
“But in my discussion with the friends here in the government we also urged that this not become a politicised issue,” Blake, who arrived in Dhaka Saturday on a two-day visit, told reporters at the American Club.
Elaborating the US position on trying the war criminals, he said, “Your country has just had freest and fairest elections in your history, democracy has been strengthened.
“It is important that no actions be taken that would be considered by the people of Bangladesh as mechanisms to weaken democracy, and undermine the progress that has been made.”
If we read in between the lines it says a lot. We all know what role US played in 1971. Bangladesh government has not ansewred this. We know the goverment is keen to secure International recognition of the trials. We will have to wait and see what Democracy has got to do with it. Our accoutability lies in quality of compliance with internation treaties and acts we are part of. The International Crimes ( Tribunals) Act 1973 is defined as ” An act to provide for the detention, prosecution, and punishments of persons for genocide , crimes against humanity, war crimes and other crimes under international law “. That may be the challenge for 1973 act.
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Salute to the Author/s of “The 1973 War Crimes Act” undoubtedly a visionay step then foreseen and enacted by our magnificient Leadership. A beautiful art work, nay a virtual master piece of Law!!!
I may have missed the point, but I am certain it MUST have retrospective effect covering minimum March 26, 1971. Also I did note that, “Razakars, Al-Badrs and Al-Shams definitely falls under the PAKISTAN ARMYS’ AUXILLARY FORCES” hope, this is specifically MENTIONED THEREIN!!!
Wishing all the best for expeditious commencement-Insha Allah!
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@ Mohammad,
You may find this article interesting:
http://www.nirmaaan.com/blog/abishchruto/4543
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@m
Thanks for the link, can’t agree with all though . Our’s is a democracy and run by politicians. Policies are based on political manifestoes. Even budget is formulated based on political commitment. Remember BDR massacre was handled politically !! As such “War Criminal ” issue will have some element of politics in it. What compelled Bangabandhu from refraining trying War Criminals ? Without going into right or wrong action of Bangabandhu , we must accept political realities. Our relation with US was not as friendly back in 1973 as we have now. Political equations are completely different today. Looks like we will have to tow our master’s voice. Our foreign minister was on TV yesterday saying we must focus on the quality of the trial, not TIME. Again looks like timeline of December to complete trials declared by State Minister of Law will not be met . It’s not going to be easy.
Comment on your link –
This is what Indian Foreign Secretary S.Menon said during a speech in Delhi University on 19th January 2009 -
” By the early seventies, the steady development of India, (which even
at 3.5% p.a. was faster than that achieved by Britain for most of her
industrial revolution), had created capacities and relative strengths that
were dramatically revealed in the 1971 war. The liberation of Bangladesh
was equally a liberation for India. For the first time in centuries, India had
on her own and without relying on external imperial power crafted a political
outcome in our neighborhood, despite the opposition of a superpower and
a large and militarized neighbor. That we could do so was also tribute to
Mrs. Indira Gandhi’s political skills and willingness to take risks. The
diplomatic task was primarily to hold the ring internationally by winning over
public opinion for a just cause and averting actions by others which would
prevent us from assisting the birth of Bangladesh.”
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The US then and the US now may be at odds with one another today but what matters the most is our resolve to get the job done finally. The US State Department may still toe the Republican line but the supermajority Democrats and Obama, I am sure, will back us in every way to try the war criminals of 1971.
The Republicans under Bush had every reason to block the trial process through Nicholas Burns and David Boucher as Nixon, Kissinger and Bush, Sr. were totally against the emergence of an independent Bangladesh. From time to time the US diplomats seem to feel nostalgic about the old cold war days and come to the aid of their former allies the Jamaat-e-Islami. the Razaakars, the Al Shams and Al Badr acting as auxillary force of America’s friend the brutal Pakistani Army who perpetrated the worst genocide in history in 1971.
Let us now punish the war criminals and killers once and for all.
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Today’s Print Media confirmed that, all relevant Amendments required for the 1973 War Crimes Act have been duly completed. Thank God there is no let-up in the march towards bringing to the logical conclusion of this great mistake of the past by trying these abhorrent persons, lurking menacingly in our midst.
Lets hope and pray this once these callous scourges will not be allowed to go un-challenged as today they are scrambling helter,skelter for safe shelter, and the Govt is in a unique position to pursue this sacred mission with ease.
Wishing all the best to our beloved country folks!!!
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Heartiest congrats!!! to the great people of Bangladesh and the Hon’ble P.M. for completion of the entire Amendments relevant to the Historic 1973 War Crime Act. Occasionally these scourges have been hitting back with renewed ferocity at every opportunity to our beloved countrymen. Hence, this Amendment will take our sacred nation to put a permanent cessation to these occasional stinging attacks, once and for all!!
Take care!
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HRW calls for rigorous amendment to war crimes law
Thu, Jul 9th, 2009 3:53 pm BdST Dial 2324 from your mobile for latest news
Dhaka, July 9 (bdnews24.com)—Human Rights Watch has called on the Bangladesh government to ensure its proposed amendment to a 1973 act is rigorously updated in line with international law for upcoming trial of war criminals.
HRW suggested the law’s definition of genocide, crimes against humanity and war crimes, and its sections on rights of the accused, witness and victim protection be amended in line with a 1998 statute of the International Criminal Court for credible trials.
In a letter to prime minister Sheikh Hasina, released on its website Thursday, HRW welcomed the tabling of amendments to the International Crimes (Tribunals) Act of 1973 by law minister Shafique Ahmed to make the law ‘”fair and neutral”.
“However, additional amendments to the 1973 law are necessary to ensure that trials under the Act are carried out in accordance with Bangladesh’s international human rights obligations, international criminal law, and Bangladesh’s constitution,” said Brad Adams, executive director of HRW’s Asia Division, in the letter.
“While the International Crimes (Tribunals) Act may have been largely based on international standards at the time of its drafting, international criminal law has evolved significantly since, including with the adoption of the Rome Statute of the International Criminal Court (ICC) in 1998 and its coming into force after ratification by 60 states in 2002,” he said.
“Justice for these atrocities is long overdue. But without additional amendments to the Act the process may not meet international fair trial standards. This could result in a lack of credibility for the process in Bangladesh and internationally, which would only benefit those responsible for the horrific crimes of this period,” said the letter.
Law minister Shafique Ahmed presented a bill for amendment of the 1973 Act in parliament on Wednesday, for upcoming trials of war crimes, with the speaker urging quick passage before the end of the current parliamentary session.
Shafiq tabled the bill for tailoring of the original act in order to try war crimes committed by individuals or groups of individuals during Bangladesh’s war of independence from Pakistan.
The bill was sent to the parliamentary standing committee on the law ministry for overnight scrutiny.
Speaker Abdul Hamid requested the committee to submit its report on the bill to the parliament secretariat by noon on Thursday for passage of the legislation on the last day of the current session.
The cabinet gave the go-ahead on July 6 to amend the law to ensure “fair and neutral” war crimes trials.
Shafique said on the day that the 1973 act allows for trial of armed forces and associate forces, but his ministry had recommended an added provision to try individuals and groups of individuals for war crimes in Bangladesh.
He also said a provision for appeal against the tribunal’s verdict has been included in the draft amendment, which is not contained in the original law.
bdnews24.com/mi/rah/1557h
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1971 and war crime trials: parallels with Cambodia?
http://video.nytimes.com/video/2009/07/14/world/1247463399123/the-cambodia-tribunals.html
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This seems inters testing. Need to study more
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