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Category Archives: Law
Tribunal has provided reasons on the petition filed against the ICT Chairman for alleged bias
Here is the full text of the Order delivered by the Tribunal: (downloadable pdf version available here on ICSF’s E-Library)
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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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
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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
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Suspected move for political asylum in UK by Golam Azam: awaiting Visa after winning immigration appeal
Golam Azam, the ex-Amir and one of the notorious alleged war criminals of Liberation War is trying to secretly flee from Bangladesh.
Posted in 1971, Asylum, Immigration, Law, News, Politics, Translation, War Crimes, War Criminal
Tagged Asylum, british high commission, golam azam, nabil azmi, visa
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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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