
The law ministry is going to present the International Crimes Tribunal (Amendment) Bill, 2024 to the Council of Advisers today, proposing the empowerment of the tribunal to penalise political organisations found guilty of committing, aiding, or abetting crimes against humanity in the Students Movement Against Discrimination.
Under the proposed amendment, the tribunal would be authorised to impose a ban on political parties and organisations for up to one year or levy fines if their involvement in crimes against humanity is established.
‘If the Council of Advisers approves the bill, it will take effect from Thursday,’ law adviser Asif Nazrul said at a press briefing in his office.
At a press briefing marking the law ministry’s first 100 days, law adviser Asif Nazrul narrated key initiatives taken to expedite judicial processes and strengthen prosecutorial accountability.
He revealed that the government is in the process of drafting legislation to formalise the appointment process for Supreme Court judges, ensuring transparency and adherence to legal standards.
‘Future appointments to the Supreme Court will be conducted in line with the proposed law,’ he stated.
Nazrul also announced plans to establish an independent attorney service through an ordinance, a move aimed at bolstering prosecutorial independence and efficiency.
However, he noted challenges in implementing a separate secretariat for the Supreme Court, a longstanding demand to enhance judicial autonomy.
He clarified that such a provision is absent in the 12 directives issued by the Appellate Division in 1999 for separating the lower judiciary from executive influence.
The briefing emphasised the ministry’s commitment to advancing judicial independence and upholding accountability within the justice system.
He underscored the ‘extraordinary amendments’ to the International Crimes Tribunal Act, 1973, stating they would enhance the law’s significance, rationality, and credibility.
Key provisions in the proposed amendments expand liability to leaders of political parties, organizations, or groups who order, permit, or knowingly acquiesce in the commission of crimes against humanity.
The penalties would include restrictions on political activities, such as participation in elections, organizing meetings or rallies, using media or digital platforms for propaganda, fundraising, and conducting financial transactions.
The bill also introduces a broader definition of crimes against humanity to include enforced disappearances and five additional offences include gender-based violence, sexual slavery, enforced prostitution, forced pregnancy, and enforced sterilisation.
Asif Nazrul said that the law ministry had taken steps to strengthen the prosecution team by appointing renowned experts in the field.
International war crimes expert Toby Cadman has been enlisted as a foreign consultant, while criminal law specialist Ehsanul Haque Shomaji is expected to join as a local consultant, a source at the ministry confirmed.
The consultants will assist the prosecution in handling a series of complaints cases filed against ousted prime minister Sheikh Hasina.
Hasina along with her associates were accused of crimes during the Student Movement Against Discrimination in July-August, and forced to step down and flee to India on August 5.