The International Crimes Tribunal in Bangladesh: Silencing Fair Comment
Journal of Genocide Research Vol. 17 Issue (2), 2015
18 Pages Posted: 25 Apr 2015 Last revised: 29 Apr 2015
Date Written: March 1, 2015
Abstract
In 2010, the government of Bangladesh established a special, ad hoc court to adjudicate grave crimes committed during the war of independence that led to the creation of Bangladesh in 1971. Formed forty years after the 1971 war, the International Crimes Tribunal (ICT or ‘the Tribunal’) was a long time coming. Particular civil society groups in Bangladesh that had sustained demands for accountability over these four decades despite considerable odds. Not surprisingly, the Tribunal was welcomed by many sections of Bangladesh society. Once the Tribunal commenced its work, however, various aspects of its functioning have raised serious concerns. Most recently, the ICT drew international attention when it convicted journalist David Bergman of contempt of court in December 2014 for criticizing trial proceedings in three articles on his blog. This is not the first time the Tribunal has taken exception to criticism: Human Rights Watch, the Economist newsmagazine, and local journalists have also faced contempt proceedings. In this research note, I examine how room for debate and dissent about the Tribunal is diminishing in Bangladesh. Below, I briefly discuss the political background to establishing Bangladesh’s International Crimes Tribunal. I then highlight some of the legal gaps and judicial choices that have undermined the fairness of trials at the ICT. I go on to discuss contempt of court proceedings by the Tribunal, with a focus on the case against Bergman. I argue that the Tribunal’s escalating use of its contempt powers and its interpretation of what constitutes contempt has considerably exceeded a necessary or reasonable restriction on the right to freedom of expression.
Keywords: International Crimes Tribunal, Bangladesh, transitional justice, contempt of court, freedom of expression
JEL Classification: K14, K10
Suggested Citation: Suggested Citation