Law event
War Crimes Mock Trial
Legal battle of student-counsels
Tabassum Mokhduma
 |
Ranak Martin |
WITH a view to raise awareness among the public about trying the war criminals of 1971 and to show the world that the criminals can be tried under the existing laws of the country, students and teachers of Department of Law, University of Dhaka (DU) organized a “War Crimes Mock Trial” on 25th March 2010 on the eve of the Independence Day that took place at the Teacher Student Centre (TSC) Auditorium of DU. With the participation of law students of different universities of the country, the event drew an remarkable attention from people of different walks of life and was indeed successful to make people feel that this is the time to try the perpetrators and it can be done without ant obstacles.
Held under the International Crimes (Tribunals) Act 1973, the trial, first of its kind in Bangladesh, saw the presence of valiant freedom fighters, leading intellectuals, prominent jurists and judges, members of different professions as well as teachers and students among others.
Two imaginary war criminals were sentenced to death by this make-believe tribunal in the mock trial for carrying out and aiding and abetting genocide, war crimes and crimes against humanity, crimes against peace and international law during the Liberation War of Bangladesh in 1971.
The accused were tried under the 1973 Act as the tribunal declared the Act ample for trying the perpetrators of 1971, when army from an imaginary country “Moonland” (Pakistan) invaded “Adhikar Bhumi” (Bangladesh). The condemned offenders were Mr. Ali Butchery, the commander-in-chief of Al-Badr, and Mr. Karim, a commander of Razakar.
The three-member tribunal was led by Justice AK Badrul Haque who pronounced the death sentences of Butchery and Karim while Senior Advocate of Bangladesh Supreme Court MK Rahman, and former Dean of the Faculty of Law at DU Professor Dr. M Badruddin were the other two judges.
“No sentence other than death can and should be delivered to them for their crimes like mass killings and indiscriminate destruction,” Justice Haque said. In the case, Butchery was convicted of genocide, crimes against humanity and peace, war crimes, and violation of international law, while Karim was convicted of aiding and abetting genocide and war crimes, and crimes against humanity.
The prosecution argued that the International Crimes (Tribunals) Act 1973 is sufficient to try the war criminals. As the court asked whether the prosecution had any specific allegation against the accused, the latter came out with evidence that proved that Butchery had committed the offences in a village named Dhalhara (imaginary name), while Karim had aided and abetted Butchery and his accomplices.
The defence however argued that it would not be logical to try the collaborators who had been the “second line perpetrators” while the real invaders who had been the “first line perpetrators” of the crimes were not being tried. The defence also raised questions about the trial's acceptability as it was being held under the International Crimes (Tribunal) Act 1973, but their pleadings were sidelined.
Barrister Amir-Ul Islam, who was appointed as the amicus curiae, said a crime is always a crime and it must be tried. Terming other incidents like the killing of Bangabandhu and his family in 1975 and the August 21, 2004 grenade attack on an Awami League rally as different manifestations of genocide, he said war crimes should be tried in order to prevent such crimes.
The lawyers in the trial were students that included Rokeya Chowdhury and Tanjina Sharmin of DU, this writer from University of Chittagong, and Sanjeeb Hossain of Brac University as the prosecution counsels, while researcher was Mahmuda Sajjad of Stamford University. On the other hand, Manzur Rabbi, Rashedul Haque, Syeda Nasrin, and Gazi Sangita Farzana of DU were the defence counsels while researchers were Arpeeta Shams Mizan and Amrin Khan of DU.
Dr Mizanur Rahman, Professor of Law, Dhaka University, Members of Sector Commanders' Forum, freedom fighters, DU Pro-VC Harun-Or-Rashid and some students also spoke at the event. The trial was telecasted live on Desh TV.
Trying the perpetrators of 1971 Liberation War is a demand of time and the organisers believed that this unique initiative on the eve of the Independence Day certainly helped people to believe and hope that war criminals would be tried and justice would be ensured.
The writer is a student of LLM at University of Chittagong and is a Reporter of Star Campus, The Daily Star.
War crimes, impunity and accountability
 |
| Professor Philippe Sands QC addresses the audience. |
State impunity has acted as a major hindrance to establish a just world and ensuring the rule of law while claim to immunity after having committed crimes against humanity is inconsistent with the laws and legal norms, said renowned British Professor Philippe Sands QC during a lecture jointly organized by Department of Law of University of Dhaka (DU) and South Asian Institute of Advanced Legal and Human Rights Studies (SAILS) on “War Crimes, Impunity and Accountability - International Legal Perspectives” at the Supreme Court Bar Association Auditorium (Shaheed Safiur Rahman Auditorium) on March 27, 2010.
While sharing his experiences as a practicing lawyer at various national and international courts and tribunals; Mr. QC, currently a Professor of Law and Director of the Centre of International Courts and Tribunals, University College London and Barrister at Matrix Chamber said that the assault on global norms of human rights did not begin with 9/11, but it had already begun with atrocities carried out in Congo and Uganda in 1998.
Referring to the US-UK war on Iraq against so-called weapons of mass destruction, he said that the war without the UN sanction could be considered a crime of aggression. He also harshly criticised the UK's coalition with the US in Iraq war.
He further criticised the confinement of suspected terrorists in Guantanamo Bay and said that they have been branded as “unlawful combatant” and deprived of the protection of Geneva Convention of 1949. He also added that torture and abuses carried out by the US army in Iraq and Guantanamo Bay manifest blatant disregard to international law.
Moderated by Dr. Asif Nazrul of Department of Law, DU; the event was attended by Law Commission Member Professor Dr. M Shah Alam; Professor Dr. Mizanur Rahman of Department of Law of DU; Dr. Sumaiya Khair, Chair, Department of Law, DU and Barrister Sara Hossain. Among others, Supreme Court judges, lawyers, academics, researchers and law students also attended the lecture.
Complied by Law Desk.
