[🇧🇩] International Crimes Tribunal Act & The Crimes Against Humanity

[Saif]

Govt issues gazette notification allowing ICT to try political parties

The new provisions, published in the Bangladesh Gazette, introduce key definitions and enforcement measures that could reshape judicial proceedings under the tribunals

www.thedailystar.net

Govt issues gazette notification allowing ICT to try political parties

The government has formally amended the International Crimes (Tribunals) Act, 1973, granting tribunals legal powers to prosecute organisations complicit in war crimes.

The new provisions, published in the Bangladesh Gazette, introduce key definitions and enforcement measures that could reshape judicial proceedings under the tribunals.

Under the revised law, the term organisation is now explicitly defined, allowing the tribunal to take action against entities found to have played a role in crimes against humanity.

Additionally, Section 20B enables the tribunal to suspend, prohibit, or dissolve organisations proven to have facilitated atrocities.

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[Saif]

ICT Act: Prosecution hails gazette with provisions to punish political party

The government has published a gazette of amendment to the International Crimes Tribunal (ACT) Act adding provisions to take punitive action against any political party, associate bodies or supporters. A gazette of the amendment was issued on Saturday.

en.prothomalo.com

ICT Act: Prosecution hails gazette with provisions to punish political party
Special Correspondent Dhaka
Published: 11 May 2025, 17: 31

International Crimes Tribunal File photo

The government has published a gazette of amendment to the International Crimes Tribunal (ACT) Act adding provisions to take punitive action against any political party, associate bodies or supporters.

A gazette of the amendment was issued on Saturday.

Gazi Monowar Hossain Tamim, Prosecutor (Administration) of the International Crimes Tribunal, stated on Sunday that the recent amendments to the tribunal’s law now allow for punitive actions against organisations and the prosecution considers this a timely and appropriate step.

He further noted that while existing laws in Bangladesh already provide mechanisms to ban organisations or take punitive action against them, trials conducted under an internationally recognised tribunal like the ICT would mean greater credibility and public acceptance.

A special meeting of the interim government's advisory council on Sunday approved the proposed amendments to the ICT Act. The meeting decided that all activities of the Awami League, including its presence in cyberspace, would be banned under the Anti-Terrorism Act until the trial of the party and its leaders in the ICT is completed.

This decision was taken to ensure national security, safeguard the country's sovereignty, protect leaders and activists of the July movement, and ensure the safety of plaintiffs and witnesses involved in the tribunal.

Additionally, the advisory council decided that the "July Declaration" would be finalised and published within the next 30 working days.

Following the decision of the advisory council, the ICT Act has now been amended through the issuance of an ordinance. The ordinance states that, notwithstanding anything contained in this law or any other applicable laws, if the Tribunal is convinced that any organisation has committed, ordered, attempted, aided, incited, supported, conspired, cooperated in, or in any other way facilitated the commission of an offence under Section 3, Subsection (2) of this Act, then the Tribunal shall have the authority to suspend or ban the activities of that organisation, officially ban the organisation, suspend or cancel its registration or licence, and seize its assets.

The law also provides a definition of the term “organisation.” Under this law, "organisation" includes any political party. It also extends to any entity, body, or group that is subordinate to, affiliated with, or associated with such a party.​

 

[Saif]

ICT probe body brings 5 charges against Hasina, 2 others

The investigation agency of the International Crimes Tribunal (ICT) on Monday filed its probe report in a crime against humanity and genocide case lodged against ousted prime minister Sheikh Hasina and two others over heinous crimes committed during the July-August mass uprising. “The probe...

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ICT probe body brings 5 charges against Hasina, 2 others
BSS Dhaka
Published: 12 May 2025, 19: 23

A collage of the ICT logo and Sheikh Hasina File photo

The investigation agency of the International Crimes Tribunal (ICT) on Monday filed its probe report in a crime against humanity and genocide case lodged against ousted prime minister Sheikh Hasina and two others over heinous crimes committed during the July-August mass uprising.

“The probe body completed its investigation within six months and 28 days and brought five charges against the mastermind of the crimes and superior commandant Sheikh Hasina, former home minister Asaduzzaman Khan Kamal and former inspector general of police (IGP) Chowdhury Abdullah Al-Mamun,” ICT Chief Prosecutor Muhammad Tajul Islam told newspersons at a press briefing marking the submission of probe report.

The chief prosecutor further said the investigation agency implicated the ousted prime minister of inciting the crimes against humanity through her 14 July press briefing, where she described the anti-discrimination agitators as the grandchildren of the Rajakars.

“She unleashed the various law enforcement and intelligence agencies against them (the protesting students). Apart from the state agencies, armed members of Awami League and its associate bodies like Jubo League and Chhatra League swooped on the protesters with all their might. They slaughtered the agitating students, injured them and committed crimes against humanity,” Muhammad Tajul Islam stated.

The ICT chief prosecutor maintained that the probe body in the second charge accused Sheikh Hasina of giving direct order in committing crimes against humanity.

“The investigation agency seized records of some telephonic conversations of Sheikh Hasina, where she repeatedly ensured that she ordered all the state agencies to eliminate all the innocent civilians, who were agitating peacefully for a fair demand, by using helicopters, drones and APCs (armored personnel carriers),” he added.

The three other charges were related to particular incidents, where crimes were committed following directions of Sheikh Hasina, the chief prosecutor confirmed.​

 

[Saif]

HRW calls for prosecuting members of AL govt accused of crimes

Human Rights Watch has said the interim government should give priority on delivering justice for human rights violations, particularly unlawful killings and enforced disappearances. New York-based rights organisation HRW made the remark in a news release titled 'Bangladesh: Review Laws and...

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HRW calls for prosecuting members of AL govt accused of crimes
Staff Correspondent Dhaka
Published: 22 May 2025, 20: 12

Human Rights Watch has said the interim government should give priority on delivering justice for human rights violations, particularly unlawful killings and enforced disappearances.

New York-based rights organisation HRW made the remark in a news release titled 'Bangladesh: Review Laws and Protect Human Rights Standards' uploaded in its website on Wednesday.

"Focus on prosecuting members of the former government accused of crimes based on credible evidence," HRW said adding those accused of committing crimes under Hasina’s government should be appropriately prosecuted.

“Sheikh Hasina’s government abused legal powers to silence political opponents, but using similar methods against the supporters of her Awami League party would also violate those same fundamental freedoms,” said Human Rights Watch deputy Asia director Meenakshi Ganguly.

Recent legislative initiatives by Bangladesh’s interim government risk undermining fundamental freedoms, Human Rights Watch said.

“The draft legislation on enforced disappearances, on the other hand, does little to advance justice or provide answers for the hundreds of victims and families affected by disappearances under Hasina’s rule.”

The lack of concrete steps to address the issue of enforced disappearances has left victims’ families in anguish. “I still hope [my son] will come back,” the mother of a man who disappeared in state custody in 2013 told Human Rights Watch.

“But if he can’t come back, I want the perpetrators brought to justice so no one can think of taking away another mother’s son.”

Instead, some families have reported intimidation, including Sanjida Islam, coordinator of a victims’ organisation Mayer Daak, whose family home was raided by police on 8 May.

The HRW said the government should use evidence gathered by the commission of inquiry to investigate enforced disappearances to prosecute alleged perpetrators, remove suspects in the security forces from active duty, and reveal the fate of the missing.

“The interim government should ensure progress on revealing what happened to the disappeared and holding perpetrators accountable through fair trials," the rights organisation added.

Meanwhile, there is growing concern over delays in addressing serious abuses that occurred under the Awami League government.

On 27 August 2024, the interim government established a commission of inquiry to investigate enforced disappearances committed under Hasina’s rule. In its preliminary report , the commission announced that it recorded 1,676 complaints, and that the whereabouts of some 200 victims remain unknown.

It described the “systematic design” of enforced disappearances, mostly targeting political opponents, and uncovered grim evidence of torture and inhumane conditions at secret detention sites operated by Bangladeshi security agencies.

The commission has sought an extension until December 2025 to submit all its findings. However, proposed legislation on enforced disappearances does not mention any role for the commission’s findings, and excludes enforced disappearances committed in a “widespread” or “systematic” manner, leaving them to the jurisdiction of Bangladesh’s under resourced and controversial International Crimes Tribunal.

While the proposed disappearances law would establish a new National Commission on the Prevention and Remedy of Enforced Disappearances, there are no provisions to ensure its independence.

Criminal cases of those suspected of enforced disappearances would be prosecuted by a new Tribunal for Prevention and Remedies of Enforced Disappearance.

However, neither body would have jurisdiction over “widespread or systematic” enforced disappearances that constitute crimes against humanity, which constitutes most cases committed under the previous government.

Other aspects of the law are problematic. While the legislation would criminalise anyone who aids, abets, instructs, orders, or conspires in a disappearance, it sets a stricter threshold for the application of command or superior responsibility compared to the Rome Statute of the International Criminal Court.

The Rome Statute criminalises a military commander who knew or should have known about crimes being committed by subordinates but failed to act to prevent the crimes or hand over those responsible for prosecution.

However, the draft law excludes command responsibility based on constructive knowledge and introduces an additional requirement that the superior must have “exercised authority in an act connected with the disappearance”.

Instead of pursuing its pledge to reform the criminal justice system and bring accountability for serious abuses, the government, led by Nobel laureate Muhammad Yunus, is attempting to suppress the rights of supporters of the deposed leader, Sheikh Hasina, and the Awami League party.

Meanwhile, draft legislation to address enforced disappearances, which were widespread under the previous government, does not meet international standards and scarcely addresses accountability for past crimes.

After three weeks of protests in which around 1,400 people were killed, Sheikh Hasina’s government was toppled on 5 August 2024.

The interim government led by Yunus pledged to restore democratic principles and respect for human rights before holding a free and fair general election. The new government has taken several positive steps, but these recent measures are disappointing.

These moves came in the wake of the interim government’s ordinance amending the International Crimes (Tribunals) Act, 1973, which gives the Tribunal broad powers to prosecute and dismantle political organisations.

The new provision defines “organisation” expansively to include any political party or affiliated group, or individuals who are deemed to propagate or support their activities.

Because these powers are drafted so broadly, they could contravene international standards of due process and freedom of association.

Additionally, the Tribunal is empowered to punish “any group of individuals which, in the opinion of the Tribunal, propagates, supports, endorses, facilitates, or engages in the activities of such a [banned] party or entity.”

It also fails to distinguish between military and civilian commanders, which have different requirements for command responsibility under the Statute, referring only to a “superior officer”, a term left undefined in the text. In cases where the victim is killed, the death penalty would apply, although that is inherently abusive and incompatible with human rights and human dignity.​

 

[Saif]

ICT investigation agency granted power to arrest suspects

The International Crimes Tribunal has granted its investigation agency the authority to arrest the accused and suspects in cases related to crimes against humanity and war crimes.

www.thedailystar.net

ICT investigation agency granted power to arrest suspects

The International Crimes Tribunal has granted its investigation agency the authority to arrest the accused and suspects in cases related to crimes against humanity and war crimes.

The ICT-1 published its amended rules of procedure in a gazette last night, also allowing the investigation agency to carry out necessary operations.

Besides, the prosecutors will be able to execute any arrest warrant issued by the tribunal. The suspect has to be produced before the tribunal or any magistrate within 24 hours of the arrest.

"If the investigation officer has reason to believe that any offence has been committed, he/she shall proceed in person to the spot, investigate the facts and circumstances of the case and may arrest the accused(s)/suspected persons and make necessary discovery. The investigation officer may also seek assistance from the law enforcement agency in causing arrest, discovery and seizure," reads amended rule 6.

"The law enforcement agency or the investigation officer or the prosecutor performing the investigation under section 8(2) of the act shall execute the warrant of arrest issued by the tribunal," according to amended rules.

Section 8(2) reads, "Any person appointed as a Prosecutor is competent to act as an Investigation Officer and the provisions relating to investigation shall apply to such Prosecutor."

Additionally, if deemed necessary, investigation officers may obtain arrest warrants through the prosecution at any stage of an investigation or trial. Such warrants will be executed by the investigating officer, a law enforcement agency, or the prosecutor, as per section 8(2) of the act.

The gazette on International Crimes Tribunal-1 Rules of Procedure, 2010 (amendment, 2025) came weeks after the government included a provision in the ICT Act to hold the trial of political parties or any entity subordinate to, or affiliated to, or associated with such a party, or any group of individuals which, in the opinion of the tribunal, propagates, supports, endorses, facilitates, or engages in the activities of such a party or entity.

On May 10, the interim government amended the act amid protests by several political parties, including the National Citizen Party, to ban the activities of the Awami League and its trial in the tribunal on charges of atrocities committed in July last year.

The gazette further defines an "accused" as any person or organisation identified under section 2(bbb) of the act, against whom an investigation has commenced.

Section 2(bbb) defines organisations as "any political party, or any entity subordinate to, or affiliated to, or associated with such a party. or any group of individuals which, in the opinion of the Tribunal, propagates, supports, endorses, facilitates, or engages in the activities of such a party or entity."

In his reaction, co-coordinator of the ICT investigation agency, Muhammed Shahidullah Chowdhury said the agency's work would be easier now because they would no longer have to depend on law enforcement agencies to arrest a suspect or accused.​

 

[Saif]

Amended ICT rules of procedure narrates process of trying organisation

The International Crimes Tribunal (ICT) has brought amendment to its rules of procedure, narrating the method of trying an organisation under the act. ICT prosecutor Gazi Monawar Hossain Tamim told BSS that the provision of trying and punishing an organisation was brought earlier by amending...

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Amended ICT rules of procedure narrates process of trying organisation
BSS Dhaka
Published: 23 May 2025, 22: 37

International Crimes Tribunal File photo

The International Crimes Tribunal (ICT) has brought amendment to its rules of procedure, narrating the method of trying an organisation under the act.

ICT prosecutor Gazi Monawar Hossain Tamim told BSS that the provision of trying and punishing an organisation was brought earlier by amending the ICT Act, but this latest amendment, which will be called “International Crimes Tribunal-1 Rules of Procedure 2010 (Amendment), 2025” has explained the method of trying that organisation and those, from that accused organisation, can represent it at the tribunal during the trial.

“...if cognisance is taken against any organisation, summons/warrant shall be served upon the President/Chairman/Chairperson or Secretary of the person (s) in charge of the concerned organisation. The organisation shall be represented by its President/Chairman/Chairperson or Secretary or any other member of the executive committee and accordingly the said person(s) may be made liable, if deemed expedient by the Tribunal, to be inflicted with punishment for violation of or disobedience to any order of the Tribunal in relation to or arising out of any order passed under the Act and/or Rules,” the Rule-30 said.

Earlier on 22 May, the ICT-1 published the amended rules of procedure, keeping provision for the investigation officer or a prosecutor designated in probing a case, to arrest any accused or suspect.

“If the investigation officer has reason to believe that any offence has been committed, he shall proceed in person to the spot, investigate the facts and circumstances of the case and may arrest the accused(s)/suspected persons and make necessary discovery. The investigation officer may also seek assistance from the law enforcing agency in causing arrest, discovery and seizure,” said Rule-6 of the amended rules of procedure.

“But they have to produce the arrestee before the tribunal or any magistrate within 24 hours of the arrest,” prosecutor Tamim added.

“If any member of the Investigation Agency makes a petition to any Judicial Magistrate of the first class for recording any statement of witness, that Magistrate shall record such statement,” said Rule-24.

In line with the rules of procedure, the ICT chief prosecutor will be able to bring multiple accused under trial simultaneously or he will be able to try them separately. If multiple allegations are proved in the probe against a single accused, the chief prosecutor will be able to try multiple allegations simultaneously by filing a formal charge, the prosecutor further said.

Welcoming the amendment in the ICT rules of procedure, prosecutor Gazi Monawar Hossain Tamim said the prosecution believes this will help the tribunal become of more international standard.​

 

[Saif]

ICT orders notice in newspapers summoning Hasina in contempt case

The International Crimes Tribunal-1 on Sunday ordered the publication of a notice in two national newspapers summoning deposed prime minister Sheikh Hasina to appear before it within seven days to face contempt of court proceedings.

www.newagebd.net

ICT orders notice in newspapers summoning Hasina in contempt case
Staff Correspondent 25 May, 2025, 18:48

Sheikh Hasina | File photo

The International Crimes Tribunal-1 on Sunday ordered the publication of a notice in two national newspapers summoning deposed prime minister Sheikh Hasina to appear before it within seven days to face contempt of court proceedings.

The tribunal, chaired by Justice Golam Mortuza Mozumder, directed that the notice should be published in one Bangla-language and one English-language dailies to inform Hasina of the proceedings — deemed her final opportunity to respond in this regard.

The contempt charges stem from the allegations that the deposed prime minister repeatedly made provocative remarks during a phone conversation with an Awami League leader from Gaibandha, which prosecutors say amounted to obstruction of justice in the ongoing trial over the July 2024 mass uprising.

The tribunal fixed June 3 for the next hearing in the case.

The tribunal clarified that Hasina might respond to the charges either in person or through legal counsel.

ICT chief prosecutor Mohammad Tajul Islam argued during the hearing that while such notices were not always required, the publication was being ordered in the interest of ensuring fairness and transparency in the judicial process.

He urged the court to take action against Hasina if she failed to appear by the scheduled date.

Briefing reporters after the hearing, prosecutor Gazi Monowar Hossain Tamim said that the tribunal issued the notice based on a contempt petition filed by the ICT’s investigation agency.

The tribunal prosecutor accused Hasina — who fled to India on August 5, 2024 amid a student-led mass uprising that led to the ouster of her government — of obstructing judicial proceedings and making threats through remarks delivered abroad.

The prosecution said that the audio recording of the conversations was verified by forensic experts prior to filing the petition.

Earlier on May 11, the investigation agency of the International Crimes Tribunal submitted its investigation report against Sheikh Hasina, former home minister Asaduzzaman Khan, and former inspector general of police Chowdhury Abdullah Al Mamun over their alleged roles in committing atrocities during the 2024 July-August mass uprising.

This was the first-ever probe report against Hasina on her role during the mass uprising when over 1,500 people were killed and over 25,000 others received bullet injuries.

‘This is the first investigation report against her, despite her name being mentioned in hundreds of cases relating to enforced disappearances, extrajudicial killings, and other alleged crimes during her 15 years in power,’ said the tribunal’s chief prosecutor Mohammad Tajul Islam.

He expected that a formal charge sheet against Hasina and two of her associates would be submitted to the ICT in the first week of June as the prosecution would need some time to scrutinise the probe report.

He said that the investigators accused Hasina, also the president of the Awami League, of five counts of crimes against humanity, including abetment, facilitation, and conspiracy of crimes against humanity and failure to prevent the crimes committed during the student-led uprising.

Tajul said that the investigators made Sheikh Hasina the prime accused, instigator, and superior commander in masterminding, instigating, and ordering the atrocities between July 1, 2024 and August 5, 2024, the day when she was ousted from power and fled to India for shelter.​

 

[Saif]

ICT documents detail Hasina’s last stand before leaving Bangladesh

As per charges filed by Chief Prosecutor Tajul Islam at the Int’l Crimes Tribunal

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ICT documents detail Hasina’s last stand before leaving Bangladesh
Charges filed by Chief Prosecutor Tajul Islam at the Int’l Crimes Tribunal

File photo: Mahiya Tabassum/Star

Former prime minister Sheikh Hasina fled the country on August 5, last year following intense pressure from top military officials urging her to resign.

During a final exchange at Gono Bhaban, she reportedly reacted angrily to the request, saying, "Then shoot me dead and bury me in Gono Bhaban."

The incident has been formally documented in charges submitted by the prosecutors at the International Crimes Tribunal on Sunday, relating to crimes against humanity committed during the July uprising in Dhaka's Chankharpul area.

According to the tribunal's formal charges, Hasina remained adamant about holding onto power until the last moments.

Chief Prosecutor Mohammad Tajul Islam, while reading out formal charges in the tribunal, detailed the series of events leading up to Hasina's departure from the country.

In secret meetings on August 4 late night that carried forward past midnight, military officials urged her to step down, where she strongly ordered the crackdown on protesters.

The chiefs of all three services, and then inspector general of police Abdullah Al Mamun, were present at Gono Bhaban.

During the meeting, from 12:00am to around 12:15am on August 5, when Hasina's security adviser, Maj Gen (retd) Tarique Ahmed Siddique, raised the issue of the then PM's resignation, she became angry and said whatever happens, she would not resign, as per the charges.

Hasina reportedly ordered the army chief to suppress protests forcefully.

Tarique Siddique supported her stance, saying, "The army should fire on the protesters -- killing a few will end the unrest."

The Air Force chief at the time strongly opposed this suggestion, warning Hasina that Tarique had already led her down a path of disaster and was continuing doing so.

The charges mention a "gang of four" -- comprising Awami League General Secretary Obaidul Quader, former law minister Anisul Huq, Hasina's private industries and investment adviser Salman F Rahman, and former home minister Asaduzzaman Khan Kamal -- who urged Hasina on the night of August 4 that she "must not show weakness or compromise".

The state-run Bangladesh Television (BTV) was instructed to prepare for Hasina's speech in the morning.

On August 5 morning, Hasina went to Gono Bhaban at 9:00am.

Then IGP Abdullah Al Mamun and former cabinet secretary Mahbubur Rahman were waiting to meet her there along with the chiefs of three services, said the charges.

Commending the ex-IGP, Hasina asked why the army could not take stronger action.

However, Abdullah Al Mamun at the time reportedly responded, "We have no more weapons or ammunition. Our forces are exhausted."

This led military officials to once again urge Hasina to resign.

In frustration, she retorted, "Then just shoot me and bury me in Gono Bhaban!"

Then, the chiefs of services took her to another room and informed her of the ground situation.

They said the "Long March to Dhaka" was underway and she did not have much time, according to the charges.

Even Sheikh Rehana attempted to persuade her sister to step down but Hasina refused, according to the charges.

Military officials also contacted Hasina's son Sajeeb Wazed Joy, informing him that resignation was the only option.

After Joy spoke to his mother, she finally agreed to give up her power.

When Hasina wished to record a speech for television before leaving, military officials gave her only 45 minutes to pack her things, saying that the procession of millions of students and people heading towards Gono Bhaban will reach there by that time.

By 11:00am on August 5, the military informed BTV that Chief of Army Staff General Waker-Uz-Zaman would address the nation at 2:00pm.

Reports indicate that at 4:00pm, shortly before the televised speech, Hasina fled the country for India.​