In a letter addressed to Aziz Nazruf, the Minister of Law, Justice and Parliamentary Affairs, on Monday Human Rights Watch (HRW) called on the interim government of Bangladesh to amend the International Crimes (Tribunal) Act of 1973 “to ensure the judicial process is in line with international standards.” The letter comes as arrest warrants have been issued for ousted Prime Minister Sheikh Hasina and 44 others on charges of genocide during recent protests.

In the letter, Human Rights Watch said:

[F]or systemic reform, we believe that additional amendments to the Act and Rules are necessary to ensure that trials are carried out in accordance with Bangladesh’s international human rights obligations, international criminal law, and Bangladesh’s constitution and to ensure a successful legal and judicial process that is fair and impartial in holding the perpetrators of crimes accountable.

The International Crimes (Tribunals) Act, 1973 of Bangladesh is a legal framework established to prosecute individuals for genocide, crimes against humanity, and war crimes committed during the Bangladesh Liberation War of 1971. It enables the formation of tribunals composed of judges tasked with conducting trials for persons accused of severe human rights violations, regardless of nationality.

The Act underscores a commitment to justice by providing legal processes for investigation and prosecution, ensuring accountability for crimes such as murder, torture, and persecution. This legislative effort marks an important step in addressing historical injustices and aligns with international efforts to combat impunity for war crimes. Previous trials under the Awami League government, which left office on August 5, 2024 were criticized for failing to meet international standards.

In 2021, the act was used by the International Crimes Tribunal of Bangladesh to sentence eight people for Liberation War atrocities while acquitting one.

To address concerns in its letter HRW recommends several amendments to the Act and Rules, including:

• Clarifying command responsibility and definitions of war crimes and crimes against humanity in accordance with the Rome Statute of the International Criminal Court;
• Allowing for foreign counsel and provision of witness protection;
• Ensuring due process rights of the accused reflect those in international law;
• Repealing Article 47(A) of the Constitution to allow the accused protection of their constitutional rights;
• Establishing an effective Victim and Witness Protection Plan;
• Adopting a moratorium on the death penalty and taking steps to abolish capital punishment;

Since former Prime Minister Sheikh Hasina’s resignation in August, with socio-political instability becoming an epidemic, and widespread protest.

In an interview, Justice Imman Ali, a former judge in the Appellate Division of the Supreme Court of Bangladesh, told JURIST that the rule of law is a fundamental principle for ensuring judicial independence. He highlights that judges must be free to perform their duties without fear or influence, indicating concerns about possible interference in the judiciary and the need for structural support to maintain the integrity and autonomy of judicial processes in Bangladesh.

Following the political upheaval in Bangladesh, the United Nations (UN) sent a fact-finding mission to the country, marking the first time since Bangladesh’s independence in 1971 that the UN has initiated a fact-finding mission to investigate widespread human rights abuses in the country, according to a UN official.