Govt greenlights ordinance allowing ICT to consider crimes against humanity committed abroad

Once an ordinance is passed, the ICT will also be able to keep audio and video records of hearings

The interim government is pushing ahead with an ordinance enabling the International Crimes Tribunal to address crimes against humanity committed outside Bangladesh.

If enacted, the ordinance will also allow the tribunal to record audio and video during hearings.

The draft International Crimes Tribunal Ordinance was approved at an advisory council meeting chaired by Chief Advisor Muhammad Yunus on Wednesday. The law will come into effect upon the president’s assent.

Briefing the media after the meeting, Cabinet Secretary Sheikh Abdur Rashid said, “The tribunal may choose to keep audio and video records of proceedings, but there will be no provision for media broadcasts.”

“The tribunal will now be able to take crimes committed outside Bangladesh into consideration. Previously, its jurisdiction was limited to offences occurring within the country.”

The cabinet secretary also clarified that accused individuals would have the option to appoint legal counsel from abroad, if necessary.

When asked whether the tribunal could penalise political parties for crimes against humanity, Rashid said, “The law advisor will provide details on this matter.”

The International Crimes Tribunal, originally established by the Awami League government in 2010 to prosecute war crimes from the 1971 Liberation War, is now being used by the interim government to try cases of what it terms “genocide” linked to student-led protests against the Sheikh Hasina administration.

As part of the initiative, the tribunal has been rejigged with new judges and prosecutors.

As many as 56 allegations of “genocide and crimes against humanity”, committed between July 5 and Aug 5, were submitted to the tribunal’s investigation agency and prosecution office.

In two of those cases, the tribunal has issued arrest warrants for 46 individuals, including former prime minister Sheikh Hasina, members of her family, and senior Awami League leaders.

Since resigning and fleeing to India on Aug 5, Hasina has remained in the country. Chief Advisor Yunus has announced plans to formally request her extradition from India.