A writ petition challenging the legality of Bangladesh’s International Crimes Tribunal (ICT) Act has been submitted to the High Court, opening a fresh legal debate over the legislation that governs the prosecution of international crimes in the country.
The petition was filed by Supreme Court lawyer Mohammad Mohsin Rashid, who named the secretaries of the Ministry of Law, Justice and Parliamentary Affairs, the Registrar General of the Supreme Court and other relevant officials as respondents.
Speaking to reporters, Mohsin Rashid said, "The petition had already been placed before a High Court bench headed by Justice Khizir Hayat for consideration.”
The petitioner argued that the existing ICT Act is unlawful and does not serve a legitimate legal purpose. He claimed that amendments made to the legislation over the years had altered its original intent and application.
Rashid alleged that changes introduced to the law in 2009 were used in a manner that resulted in what he described as ‘judicial killings’.
He further criticised the most recent amendments, arguing that they had transformed the legislation into a mechanism that enables what he termed ‘judicial murder’.
According to the petition, the tribunal should be abolished on the grounds that the law is fundamentally flawed.
The court has yet to issue any ruling on the matter.
The International Crimes Tribunal Act was originally enacted in 1973 to facilitate the prosecution of individuals accused of crimes against humanity and other serious offences committed during Bangladesh’s 1971 Liberation War.
In 2009, the legislation was amended to broaden its scope, allowing for the prosecution of both individuals and organisations, while also introducing provisions aimed at strengthening the tribunal’s independent operation.
The High Court is expected to decide whether the petition will proceed to a full hearing, where the legal validity of the ICT Act and its subsequent amendments could come under judicial scrutiny.
