In news that shows clear interference with the legal process by the government of Bangladesh, the first war crimes trial from the 1971 war of independence under the 1973 International Crimes Tribunal Act is declared by the Minister of Justice to be starting in July of this year.

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By Stephen Kay QC

This is notwithstanding clear and overwhelming international criticism of the validity and fairness of the ICTA, which has been condemned by human rights groups and foreign observers including President Obama’s War Crimes Ambassador Stephen Rapp as falling short of the standards expected of international trials.

It had been expected that Bangladesh would listen to the criticism and amend its legislation and the Rules for the Court, but it seems the rush for trials to take place is a greater priority although these trials of opposition leaders have already waited 40 years!

The UK government position on seeking justice against those who have committed war crimes has been clearly expressed by Lord Carlisle who claims there are large numbers of such war criminals taking refuge in the UK from the 1971 Bangladesh war of independence.

In that case, the Bangladesh government’s use of the International Crimes Tribunal Act 1973 will be a flawed instrument upon which to seek their extradition, as it will be ruled as a defective process for criminal justice not meeting fair trial standards as recognised by the international courts.

Lead photo - Zoriah on flickr.com - all further use subject to this CC licence