ABSTRACT

This chapter analyses the historical development of transitional justice in Bangladesh, with a particular focus on the legal characteristics and socio-political implications of the International Crime Tribunal (ICT). It provides a detailed critical analysis of the legal framework and the functioning of the ICT so as to enable the reader to develop an informed opinion on the strengths and deficiencies of this process. The chapter analyses the relevant events occurring during the 1971 conflict, the first attempt to initiate processes of accountability and the reasons for the decades-long period of impunity in Bangladesh. This first section finishes with the factors that gave rise to the establishment of the ICT in 2010. The chapter continues in highlighting the international standards relevant for the evaluation of the Tribunal, namely, the international definition of the right to a fair trial is a fundamental human right and the "special" high standards for cases that can result in the imposition of the death penalty.