12 A Legal Analysis of the International Crimes Tribunal Bangladesh: A Fair Trial Perspective

in The Asian Yearbook of Human Rights and Humanitarian Law
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Abstract

Fair trial is recognized as a fundamental human right in the modern criminal justice system. Consequently, the war crime tribunals of former Yugoslavia (ICTY) and Rwanda (ICTR) fully adopted the due process rights and incorporated it in their respective statutes. However, the international crimes tribunal Bangladesh (ICTB) follows its own special procedure which is lacking the fair trial guarantees as promised. With reference to the fair trial guarantees, governing statutes and its working, there are vast disparities found between the ICTB and the other internationally recognized tribunals (ICTY and ICTR). The ICTY and the ICTR appeared to be more transparent than the ICTB. The ICTB has repeatedly deviated from the international norms and principals of a just trial. Moreover, non-compliance with the ICCPR, violations of the domestic laws and other serious irregularities make the ICTB illegal and unjust. The legal analysis of the ICTB unfolds the entire discourse from a comparative perspective to identify the flaws in the International Crimes Tribunal Bangladesh legislation.


The Asian Yearbook of Human Rights and Humanitarian Law

Volume 2, 2018 - Islamic Law and its Implementation in Asia and the Middle East

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