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Category Archives: Discussion
Stephen Rapp: Of misconceptions, unrealistic expectations and double standards
As an act of civic engagement, this piece has sought to explore Mr. Rapp’s suggestions regarding the ICT and its governing statute. There is no argument against ensuring fairness and quality of the justice process initiated by the ICT. Attention, however, must also be given to the fundamental principles enshrined in the ICTA; any failure to maintain the right balance will allow impunity to continue and rule of law to be frustrated. Continue reading
Posted in Analysis, Controversy, Law, News, Policy, Rebuttals, Review
Tagged Ambassador, Dipu Moni, ICC, ICCPR, Rome Statute, Shafique Ahmed, Stephen Rapp
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Position Paper on US War Crimes Ambassador Stephen Rapp’s Suggestions regarding ICT
On 15 May 2011, ICSF released its position paper on the suggestions of US War Crimes Ambassador Stephen Rapp delivered to the Government of Bangladesh regarding the ICT and its governing statute the International Crimes (Tribunals) Act 1973. It has … Continue reading
Posted in Analysis, Controversy, Jurisprudence, Law, Rebuttals, Reference Material, Review
Tagged ICC, ICCPR, ICSF, ICT, ICTA, international standards, position paper, retroactivity, Stephen Rapp
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If You Say So Ms Bose!!
Click the link to view the Cartoon… Continue reading
Posted in 1971, Cartoon, Controversy, Politics, Revisionism
Tagged Dead Reckoning, Sarmila Bose, Washington, Woodrow Wilson Centre
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Please Deselect International Commission of Jurists (ICJ) from the List of Honourees for 1971
According to media reports, the Government of Bangladesh, at its 40th anniversary of national independence, has taken the initiative to honour a number of individuals and organisations for their contributions during the Liberation War of 1971. While it is indeed a commendable move on the part of the government, attention of the concerned authorities also needs to be drawn urgently in respect of one particular organisation (ie, Geneva based International Commission of Jurists – ICJ) chosen for this unique honour. It is not clear what considerations prompted the government to select ICJ, but based on the review of one of ICJ’s widely quoted Report on 1971, the decision to honour ICJ appears to be an ill-advised and ill-judged one.
Briefly, ICSF’s review found the ICJ-report heavily biased and problematic on a number of aspects, such as legal, factual, strategic and diplomatic. For example, it concludes that the then leadership in 1971 were “not entitled in international law” to declare independence, effectively nullifying the legitimacy of Bangladesh’s birth. Moreover, the Report unfairly equated crimes committed by the Pakistani army and local collaborators against the people of Bangladesh with that of sufferings of the Biharis. Grossly distorting the facts, the Report categorically stated that both sides in the war committed similar “international crimes”. These are but a few of the problematic findings of this Report among many, and ICJ has never retracted its position publicly. It is our understanding that honouring ICJ would tantamount to endorsement of its findings on the part of the Government. Therefore, it is our humble request that the Government review its decision and deselect ICJ from the list of honourees. There may still be time to take rectifying measures, before the nation is left with an irrevocable bestowal of gratitude to an entity which did not deserve it in the first place… Continue reading
Accepting “Death Penalty” under the 1973 Act
In a recently published interview, Lord Avebury seemed to have accepted death penalty as a form of punishment for the perpetrators of 1971 Liberation War, arguing that the same has popular acceptance and support in Bangladesh [..] Continue reading
Abusing the War Crimes Trial
1. We have witnessed how political exploitation hindered the earlier process of war crimes trial. Over the last four decades, politicisation has been used to embed a division within the society for personal and partisan political benefits. This article reviews … Continue reading
Posted in Controversy, War Crimes
2 Comments
Pieces of History
How would one make a choice, a correct one, without an all round appreciation of one’s own history? How can one find his own place in the handed down history and determine steps of the future without actually breathing and living it? Compilations like this, at least to an extent, are expected to facilitate that process of reckoning while the facts are still verifiable [...]
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Posted in 1971, Analysis, Archives, Discussion, History, News, Review
Tagged 1971, ABC, CBS, ebook, Electronic Media, evidence, NBC, United States
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Trials and Errors
Over many years, public discourse on war crimes and its trial since 1971 seems to have generated many errors, and facts are often ignored or forgotten. This piece attempts to provide a set of facts. From the onset, two independent trial processes were established for the Pakistani and local war criminals under separate laws. Continue reading
The Curious Case of the 195 War Criminals
As soon as the trial of war criminals began, questions were raised from different quarters as to how and why the 195 Pakistani soldiers were released in 1974 without any trial. It has also been argued that those 195 Pakistanis were the main war criminals and their release questions the merit of the current trial process. This article investigates the news reports that were published in international media from December 16, 1971 to April 15, 1974 to understand how and why those 195 Pakistanis were accused and released [..] Continue reading
Posted in Analysis, Controversy, Discussion, History, Law, Politics, Rebuttals, War Crimes
Tagged 195, Delhi Treaty, pakistan, prisoners of war, Simla Treaty
2 Comments
A Coyote in a Sheep’s Clothing
Now-a-days, we are hearing more and more that lofty terminology “moderate Muslims”. Is there any such thing called moderate Muslims? Asks Jamal Hasan. Continue reading
Posted in Analysis, Controversy, News, Politics
Tagged 9/11, Feisal Abdur Rouf, Ground Zero, Imam, moderate muslim
3 Comments
Bangabandhu’s ‘General Amnesty’ Declaration: Evidential Documents and Relevant Stories
One of the widely used propaganda items by the alleged war criminal lobby is the claim that ‘it was Bangabandu who resolved the issue of war crime trials by declaring General Amnesty in favour of the perpetrators’. In light of existing existing documents including media reports, this post examines the claim and exposes the falsehood that such claims represent. Continue reading
Posted in Controversy, History, Politics, Rebuttals
Tagged amnesty, Bangabandhu, General Amnesty
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Do we really need another indemnity law for the Freedom Fighters?
Is it possible that the “legal experts” advising the government are oblivious to the obvious existence of a law that already covers this area? Or is it to create and indemnify a new class of individuals based on considerations that have very little to do with law or justice? Continue reading
Posted in 1971, Controversy, Law, Policy, Politics
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