Full Description
In 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.
Contents
Preface and Acknowledgements
Table of International Cases
Table of Bangladesh Cases
Table of Instruments and Legislation
Abbreviations
1 Transitional Justice in Bangladesh: a Background Profile
2 The Legal Regime of the Trial: The International Crimes Tribunals Act 1973
3 The Substantive Law of the ICT Jurisdiction
4 Crimes Against Humanity
5 Genocide and Crimes Against Peace
6 War Crimes and Violations of International Humanitarian Law
7 Crimes of Rape and Sexual Violence in Armed Conflicts
8 Accessorial Crimes: Complicity, Aiding, Abetting, and Incitement/Instigation
9 The Liability Regime: Modes of Criminal Responsibility
10 The Procedural Rules of the ICT Trials
11 Prosecutorial Strategies in Charge Framing and Proving Before The ICTS
12 Defence Responses to Rebut Charges Before the ICTS
13 The Trial, Appeal, and Review Judgments: Immunities, Convictions, and Sentencing
14 Procedural Standard and Due Process in the ICT Trials
15 Complementarity between International and National Criminal Justice: The ICT Trials in the Context
16 Transitional Justice in Bangladesh: Significance, Legacy, and Contribution
Appendix - 1 The International Crimes (Tribunals) Act, 1973 (Original Act)
Appendix - 2 The International Crimes (Tribunals) Act, 1973 (Act No. xix of 1973) as Amended up to February 2013.
Appendix - 3 International Crimes Tribunal Rules of Procedure, 2010
Bibliography
Index
