The International Crimes Tribunal on Wednesday dismissed an application filed by retired major general Ziaul Ahsan challenging the tribunal鈥檚 jurisdiction to prosecute individuals for crimes against humanity allegedly committed during the July鈥揂ugust 2024 student-led uprising.
Ziaul, currently detained, had also sought acquittal from proceedings related to his alleged involvement in atrocities, including killings of opposition party members in so-called crossfire and enforced disappearances during the Awami League鈥檚 15-year regime.
The three-member tribunal of Justice Md Golam Mortuza Mazumder, Justice Md Shofiul Alam Mahmood, and retired judge Md Mohitul Hoque Anam Chowdhury, rejected both Ziaul鈥檚 jurisdictional challenge and his plea for acquittal.
Ziaul鈥� lawyer MI Farooqui argued the tribunal lacked authority to prosecute non-war crimes, claiming no war occurred in July鈥揂ugust 2024.
Farooqui also challenged the interim government鈥檚 authority to promulgate the November 24, 2024, ordinance extending the tribunal鈥檚 jurisdiction to include crimes committed during the uprising and enforced disappearance during ousted the Awami League regime, given the absence of a sitting parliament.
The tribunal dismissed Ziaul鈥� application and his plea as 鈥榤isconceived,鈥� emphasising that it, as a criminal court, does not have the authority to entertain challenges to its formation or proceedings.
It observed that constitutional challenges must be addressed in the High Court.
The tribunal, however, observed that individuals accused of crimes against humanity, genocide, enforced disappearance could not invoke fundamental rights under Article 47 of the constitution to challenge their prosecution.
Rejecting Ziaul鈥檚 prayer for acquittal, the tribunal noted an inconsistency in his plea; 鈥業f the tribunal lacks jurisdiction to try him, how can it grant him acquittal from charges?鈥�
Chief prosecutor Tajul Islam, however, reiterated the tribunal鈥檚 December 5, 2024, order banning the publication and broadcasting of hate speech by ousted prime minister Sheikh Hasina, who faces over 60 charges of genocide and crimes against humanity during the July 2024 uprising.
Tajul accused Hasina, now based in India, of using media and social platforms to intimidate witnesses and obstruct justice. 鈥楧espite the ban, some media outlets continue to air her statements. We urge all media to comply with the order. Continued defiance will compel us to pursue legal action,鈥� he warned.