The Legality of Trial of Genocide, Crimes against humanity or War crimes in Bangladesh

International Journal of Research and Innovation in Social Science (IJRISS) | Volume II, Issue XII, December 2018 | ISSN 2454–6186

The Legality of Trial of Genocide, Crimes against humanity or War crimes in Bangladesh

Md. Johurul Islam

Lecturer, Department of Law, Khwaja Yunus Ali University, Enayetpur, Sirajganj, Bangladesh

Abstract: – The term Genocide is established as an international crime by the Convention on the Prevention and Punishment of the Crime of Genocide on December 9, 1948.The crimes committed in the Liberation war, 1971 by the perpetrators are no doubly Genocide. As a signatory state, Bangladesh has the obligation to try the offences. Bangladesh is also constitutionally bound to ensure the trial of war criminals. Bangladesh has already started the trial from 22 January, 2009 and already some of collaborators have got punishment facing the trial and the rest are going on process. So many legal questions are raised by the anti-trail supporters whether this trial is legally correct or not. They have tried to bar the trial process showing many legal defeats. Yes, there are so many problems ensuring this trial after forty years. But, as a Bangalee, as a Bangladeshi, everybody should be determined to complete this trial so that no question is raised in future.

Key words: Genocide, War Criminals, Constitutional guarantee, Tribunal, Constitutional Philosophy.

I. INTRODUCTION

No crime should go unpunished. There is no time limitation in trial of criminal offences. Genocide, Crimes against humanity or War crimes are distinct types of crime that was committed in the liberation war, 1971. The Pakistan Armed Forces, Shanti committee, Razakar, Al-Badr, Al-Shams were the main perpetrators who committed the massacre over the Bangalee people. Atrocious and dreadful crimes were committed during the nine-month-long war of liberation in 1971, which resulted in the birth of Bangladesh, an independent state. Bangladesh is bound to ensure the trial of these crimes constitutionally and internationally. As a signatory state of different international charters adopted by the United Nations, Bangladesh has started the trial of war criminals and has faced different legal barriers to precede the trial. The International Crimes (Tribunals) Act, 1973 was passed retroactively on the basis of the first amendment of the constitution of Bangladesh.

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