Bangladesh’s International Crimes Tribunal (ICT-BD), established in 2010 under the International Crimes (Tribunals) Act of 1973, was originally intended to prosecute local collaborators of the Pakistani army for atrocities committed during the 1971 Liberation War. However, its scope expanded dramatically after the political changeover in August 2024 to try five-time Prime Minister Sheikh Hasina, former ministers, law enforcement officials and the army’s generals as an act of revenge.
The tribunal now handles cases related to enforced disappearances, murders, and crimes against humanity allegedly perpetrated during Sheikh Hasina’s 15-year rule, including the violent anti-quota movement and the jihadist-army coup. High-profile targets include Sheikh Hasina herself (tried in absentia and sentenced to death in November 2025), former ministers, and notably, serving and retired army officers.
While the pursuit of accountability for human rights abuses is commendable, the ICT-BD’s proceedings have been marred by profound controversies, including allegations of political bias, procedural irregularities, jurisdictional overreach, and corruption. These flaws have drawn sharp international criticism from organizations like Amnesty International, Human Rights Watch (HRW), and the United Nations, who argue that the trials fail to meet basic fair trial standards. This article examines the evidence supporting calls for the immediate suspension of ongoing ICT-BD proceedings, followed by thorough reinvestigations and retrials in impartial civilian courts or a reformed special tribunal. Such measures are essential to restore judicial integrity, ensure due process, and prevent the tribunal from becoming a tool for political vendetta rather than genuine justice.
The ICT-BD was revived by Hasina’s Awami League government to address long-delayed prosecutions for 1971 war crimes, primarily targeting leaders of Jamaat-e-Islami, an Islamist party that collaborated with Pakistani forces. Post-2024, under the interim government led by Muhammad Yunus, the ICT-BD underwent rapid amendments via ordinances—bypassing parliamentary approval—to expand its jurisdiction to post-1971 crimes, including those during the “July Uprising.”
Write For Rights calls for independent probe into ICT-BD bribery scandal and systemic flaws
Disappearance Case: How Jamaat-run ICT-BD flexing muscles for revenge
A Storm In The ICT-BD: The day the chief prosecutor threatened the defense
This included prosecuting Hasina and her allies for enforced disappearances and protest-related killings. Critics argue these changes were unconstitutional and aimed at purging secular, pro-liberation elements from institutions like the army. The tribunal’s swift pivot—convicting Hasina in absentia within months—mirrors the very flaws it was accused of under Hasina, perpetuating a cycle of “victor’s justice.”
Legal and Jurisdictional Flaws
A core argument for suspension lies in the ICT-BD’s jurisdictional overreach, particularly in cases involving army officers. In October 2025, the tribunal issued arrest warrants for 29 officers, including high-ranking generals, for alleged crimes against humanity during Hasina’s era. Fifteen serving officers were detained by the army and remanded by the ICT-BD.
However, Bangladesh’s Army Act of 1952 mandates that serving military personnel be tried in military courts for offenses committed while on duty, such as riot control. Legal experts contend that the ICT-BD’s actions violate this, constituting an assault on military autonomy and national sovereignty.
Furthermore, the tribunal’s legal framework deviates from international standards. The 1973 Act excludes key protections under the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a party, such as the right to appeal interlocutory decisions or access government-held evidence.
Recent ordinances have introduced retroactive provisions, allowing trials for crimes abroad and disqualifying accused individuals from public office upon mere charges—measures deemed unconstitutional and aimed at political elimination. These flaws undermine the tribunal’s legitimacy, necessitating suspension to prevent irreversible miscarriages of justice.
Procedural and Fair Trial Violations
The ICT-BD’s proceedings exhibit systemic procedural lapses that contravene fair trial principles. Trials often commence without providing defense counsel with formal charge-framing orders, leaving accused parties unprepared. In absentia trials, such as Hasina’s, lack safeguards like effective representation or retrial rights upon surrender, violating international norms established by bodies like the Special Tribunal for Lebanon.
ICT-BD Scandal Deepens: Prosecutor demands Tk1 crore for bail of Awami League leader
ICT-BD’s Shameful Masquerade: How Tajul Islam turned justice into an extortion racket
Courtroom intimidation is rampant: Defense lawyers have been threatened with becoming co-accused, as seen in cases involving army officers like retired Major General Ziaul Ahsan. Witnesses report coercion, and evidence is often unreliable or manipulated. The tribunal’s expedited timelines—convicting complex cases in months—prioritize speed over thoroughness, echoing criticisms from the UK Supreme Court in related extradition cases. These violations not only infringe on defendants’ rights but also erode public trust in the judicial process.
Bias and Corruption
Bias allegations plague the ICT-BD, with prosecutors and judges linked to Jamaat-e-Islami, the very group previously targeted by the tribunal. Chief Prosecutor Tajul Islam, a former defender of 1971 war criminals, has been accused of running a “syndicate” involving bribery and case manipulation. In a March 2026 scandal, prosecutor Saimum Reza Talukdar was caught demanding Tk1 crore for bail in a case against an Awami League leader, highlighting endemic corruption.
Political motivations are evident: The tribunal has been dubbed a “Jamaat Court” by critics, used to settle scores against pro-liberation forces while sparing Islamist figures. Such partisanship transforms the ICT-BD from a justice mechanism into a weapon for regime consolidation, further justifying suspension.
International Perspectives and Criticisms
Global bodies have unanimously condemned the ICT-BD. Amnesty International labeled Hasina’s death sentence “neither fair nor just,” citing absentia proceedings and lack of defense rights. HRW has called for overhauling the 1973 Act to include international judges and abolish the death penalty, arguing the tribunal’s history of bias makes fair trials impossible. UN High Commissioner Volker Türk welcomed accountability efforts but emphasized the need for due process, urging civilian courts for detained officers. The International Bar Association’s Human Rights Institute has urged Bangladesh to adhere to ICCPR standards, warning against politically motivated trials.
These critiques underscore that without reform, the ICT-BD risks perpetuating impunity rather than combating it.
ICT-BD: Prosecutor alleges corruption, bribery, and case manipulation by Tajul Islam
ICT-BD: Sheikh Hasina slams General Waker for insults to army officers
Disappearance: How Jamaat’s Mir Arman is framing AL leadership, army officers
Given these multifaceted flaws, suspending ICT-BD proceedings is imperative to prevent further erosion of justice. Reinvestigation by an independent body—free from political influence—would ensure evidence integrity and address coercion claims. Retrials should occur in regular judge’s courts or a new special tribunal with international oversight, incorporating ICCPR protections and military jurisdiction where applicable. This approach aligns with recommendations from Crisis Group and HRW for hybrid mechanisms that balance accountability with fairness.
For army officers, trials under the Army Act would respect constitutional norms, while a truth and reconciliation process could handle lesser offenses, fostering national healing.
Senior journalist and Liberation War researcher Probir Kumar Sarker observes that the tribunal’s controversies—rooted in bias, procedural failings, and corruption—demand its suspension to safeguard Bangladesh’s democratic future. By pursuing reinvestigation and retrials in neutral forums, the nation can achieve true accountability, honor victims, and uphold the rule of law. Failure to act risks deepening divisions and inviting further international isolation.