National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.
M. Rafiqul Islam, LLM (1979), Ph.D. (1983), Monash University Australia, is a Professor of Law at Macquarie University Australia. He has published monographs, edited books, book chapters, and journal articles, including
International Law: Current Concepts and Future Directions (LexisNexis 2014).
Preface and AcknowledgementsTable of International CasesTable of Bangladesh CasesTable of Instruments and LegislationAbbreviations1 Transitional Justice in Bangladesh: a Background Profile2 The Legal Regime of the Trial: The International Crimes Tribunals Act 19733 The Substantive Law of the
Jurisdiction4 Crimes Against Humanity5 Genocide and Crimes Against Peace6 War Crimes and Violations of International Humanitarian Law7 Crimes of Rape and Sexual Violence in Armed Conflicts8 Accessorial Crimes: Complicity, Aiding, Abetting, and Incitement/Instigation9 The Liability Regime: Modes of Criminal Responsibility10 The Procedural Rules of the
Trials11 Prosecutorial Strategies in Charge Framing and Proving Before The
12 Defence Responses to Rebut Charges Before the
13 The Trial, Appeal, and Review Judgments: Immunities, Convictions, and Sentencing14 Procedural Standard and Due Process in the
Trials15 Complementarity between International and National Criminal Justice: The
Trials in the Context16 Transitional Justice in Bangladesh: Significance, Legacy, and ContributionAppendix – 1 The International Crimes (Tribunals) Act, 1973 (Original Act)Appendix – 2 The International Crimes (Tribunals) Act, 1973 (Act No.
of 1973) as Amended up to February 2013.Appendix – 3 International Crimes Tribunal Rules of Procedure, 2010BibliographyIndex
The book will attract researchers, academics, and students, libraries, practitioners, human rights specialists and activists, parliamentarians, and policy-makers interested in international criminal law in general and its expanding frontiers.