The Trial of Errors in Bangladesh: The International Crimes (Tribunal) Act and the 1971 War Crimes Trial

Abstract

Bangladesh was born of bloodshed and violence in 1971 when it seceded from Pakistan. There have been several failed attempts at prosecuting the perpetrators of war crimes from 1971 to the present, culminating in the present Awami League-led Bangladeshi government’s proclamation of its plan to hold a war crimes Tribunal for the 1971 criminals under the International Crimes (Tribunals) Act. This paper will discuss the legislation and the key legal issues that arise from it, after recapitulating and recapturing the context of the legislation, viz. the Bangladesh War of 1971. However, analysing the trial that has commenced last year is outside the purview of this paper.