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

See all articles by Surabhi Chopra

Surabhi Chopra

King's College London - The Dickson Poon School of Law; The University of Hong Kong

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

Chopra, Surabhi, The International Crimes Tribunal in Bangladesh: Silencing Fair Comment (March 1, 2015). Journal of Genocide Research Vol. 17 Issue (2), 2015 , Available at SSRN: https://ssrn.com/abstract=2598153

Surabhi Chopra (Contact Author)

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

The University of Hong Kong ( email )

Pokfulam Road
Hong Kong, Pokfulam HK
China

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