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

in The Asian Yearbook of Human Rights and Humanitarian Law
Get Access to Full Text

Have an Access Token?

Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Have Institutional Access?

Login with your institution. Any other coaching guidance?



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


Table of Contents
Index Card


All Time Past Year Past 30 Days
Abstract Views 167 149 4
Full Text Views 106 98 0
PDF Downloads 11 10 0
EPUB Downloads 0 0 0