SONIPAT, Sep 16: Bangladesh’s interim government, led by Muhammad Yunus, has been swiftly implementing changes to the International Crimes Tribunal (ICT) to prevent individuals charged with crimes against humanity from contesting elections or holding government employment.
The ICT, which has been criticized for being a platform for settling political scores, has been criticized for its lack of international standards since its revival 14 years ago.
The government’s latest move involves introducing a fresh clause in the International Crimes (Tribunal) Act, 1973, which disqualifies anyone from contesting elections or holding bureaucratic office if chargesheets are filed against them for alleged crimes against humanity.
The ICT’s focus on atrocities committed during the 1971 liberation war has been questioned by international human rights organizations. The 2025 Hasina proceedings shift the ICT’s focus to adjudicating alleged crimes against humanity arising from the state’s response to mass protests in July-August 2024.
The UN has highlighted the crackdown on protesters as “brutal, systematic repression,” demanding accountability and justice for victims. However, questions remain whether the ICT could be used as a political tool against the previous regime.
The ongoing trial of Sheikh Hasina has led to significant procedural lapses that threaten the tribunal’s legitimacy, including trial in absentia, which requires safeguards such as unequivocal notice, effective representation, and a genuine right to a retrial upon surrender.
The tribunal must function independently of executive influence in the form of interim authorities, just as it should have from the previous government.
Bangladesh’s interim government amended the ICT Act to allow international observers and live broadcast of proceedings.
To ensure transparency and fairness without handing over control, Bangladesh may prefer inviting independent international monitors, request non-binding advisory opinions from international criminal law experts, codify the right of anyone tried in absentia to receive a complete retrial upon appearance, and consider alternatives like a hybrid chamber or limited cooperation with the ICC while retaining sovereign control.
If the ICT succeeds in holding a former prime minister accountable, it risks establishing a dangerous and precedence-setting model for how protest-era atrocities are addressed in domestic courts.
The justified response to the 2024 bloodshed is neither impunity nor unjust punishment.
If accompanied by international involvement and with sovereign control, the ICT may deliver justice in a way that will be cited long after political stability returns to Bangladesh. (PTI)
