Dhaka //

The addition of disappearances and gender-based violence to the definition of crimes against humanity in the International Criminal Tribunals Act is being considered. Besides, if any political party commits an offense under this Act, it is proposed to ban that party for up to 10 years. Along with this, a draft proposal has been presented to add five clauses and sub-clauses and amend three clauses in the law.

The draft amendment proposals were presented at a discussion meeting on the amendment of the ‘International Crimes (Tribunal) Act-1973’. The meeting was held at the Judicial Administration Training Institute in the capital on Monday afternoon. Law and Judiciary Department of the Ministry of Law organizes this exchange meeting.

Legal advisor Professor Asif Nazrul said about the draft proposal for amendments to the International Crimes (Tribunal) Act, “The leaders or the people who will face trial here (at the Tribunal), their supporters should also feel that he (the leader) has committed a wrongdoing or wrongdoing.” Did not, let them also be convinced (satisfied). We don’t want more wounds in this society. I don’t want division. Seek to initiate a reconciliation process through the trial. Let everyone agree that the judgment that was meted out, the punishment that he received in the trial, if he got it — it was certainly what he deserved.’

Legal adviser Professor Asif Nazrul said, “Everyone has seen what a terrible murder has taken place. A country’s older generation went into a frenzy killing a younger generation. No matter how much pain there is in the chest, no matter how much disappointment there is, no matter how much crying there is, there is anger, the judgment must be acceptable to everyone.

AF Hasan Arif, advisor to the Ministry of Local Government, Rural Development and Cooperatives, believes that a stronger international criminal tribunal law will come forward through consultation (discussion). The former Attorney General said that the decision is not final. Further discussions will follow. Then the law will be fulfilled.

Industrial adviser Adilur Rahman Khan thinks that the law will be enriched through discussion. He said, considering all aspects, the decision to go to the International Criminal Tribunal was made collectively. The families of the victims (of the July-August killings) want justice to be served.

The International Crimes (Tribunal) Act, 1973 has been amended several times so far. Related sources say that during the previous Awami League government, the law was updated for the first time by bringing an amendment in 2009. After this, the Second Amendment was introduced in 2012, adding provisions for trial in absentia of the accused and transfer of cases from one tribunal to another (initially one tribunal, later two). The last amendment was brought in 2013. As a result, the provision of equal opportunity of appeal to the Appellate Division of the Supreme Court was added against the judgment of the Tribunal.

The draft proposal contains-

Secretary of Law and Justice Department gave a welcome speech at the meeting. Golam Rabbani He said that with the change of time, it is very important to make the international criminal tribunal law consistent with the reality. In the current global context and in the light of international human rights and jurisprudence standards, amendment of the Act has become crucial.

Ashfakur Rahman, Senior Assistant Secretary of the Ministry of Law presented the draft proposals of the law. It said, through this amendment, the definition of crimes against humanity is proposed to include disappearance, gender-based violence, sexual slavery, forced sex, forced pregnancy, etc., which were not in the previous law. Apart from this, if any political party commits any offense under this Act, then it is proposed to ban that party for up to 10 years.

Regarding the draft proposal, it is also said that the tribunal can broadcast the hearing live if it wants to ensure the transparency of the trial process. The draft proposal also mentions that the accused can appoint a foreign lawyer on his behalf if he wants.

Attorney General at the meeting. Asaduzzaman said, the proposals of the amendments brought, the protection of the interests and rights of the accused have been given considerable importance in the draft. Prosecution (state side) can bring international lawyers if they want, that provision should also be there.

The chief prosecutor of the tribunal Mohammad Tajul Islam said, based on everyone’s opinion, this law should be amended in such a way that both the victim and the accused – both parties feel that justice has been done.

Badiul Alam Majumdar, chairman of Election Commission Reform Commission, said four types of crimes have been committed. One is a crime against humanity. Another is a criminal offence. Those who disappeared, murdered and extrajudicial killings. The third is financial corruption, robbery, bank robbery and money laundering abroad. Another is electoral system-related crimes. Those who destroyed the electoral system, sent the election into exile.

Senior lawyer Sara Hossain said in the meeting, ‘When was the political party banned? Find out during the Nuremberg period. Come 2024, I hope we will not go to Nuremberg to apply.… Only a few will be satisfied here, who do other politics.’

Senior lawyer ZI Khan Panna, rights activist David Bergman, former district judge Iktedar Ahmed, lawyers Shamim Haider Patwari and Jyotirmoy Barua, political analyst Zahedur Rahman and others also spoke in the discussion meeting.