Interim Government’s Use of Crimes Tribunal Raises Questions Over Democracy in Bangladesh

Bangladesh stands at a defining and deeply contentious moment. Following the student uprising in August that forced Prime Minister Sheikh Hasina from power, the Interim Government led by Chief Advisor Dr. Mohammad Yunus has embarked on a legal and political path that may alter the foundations of the country’s democratic order. The central flashpoint is the reconvening of the International Crimes Tribunal (ICT-BD)—an institution originally created to try those responsible for atrocities during the 1971 Liberation War. Today, however, it is being invoked to prosecute Sheikh Hasina, senior Awami League leaders, and more than forty others for alleged crimes against humanity linked to the July–August 2024 student unrest.

This extraordinary decision has triggered intense debate: Is the interim administration overstepping its mandate by making transformative legal and political changes? And more critically, is the Tribunal being repurposed as a political instrument rather than a forum for impartial justice? 

A Tribunal Born of a Tragic Past

Origin of the International Crimes Tribunal lie in one of the darkest chapters of South Asian history—the genocidal campaign carried out by the Pakistani Army during the 1971 Liberation War. Massacres, systematic rape, torture, the targeted killing of students and intellectuals, and the persecution of minorities, especially Hindus, marked that period. More than ten million refugees fled to India, and thirty million were internally displaced.

After independence, Sheikh Mujibur Rahman’s new government passed the 1973 Act to prosecute war criminals. Though early investigations largely targeted Pakistani officers, a tripartite agreement among India, Pakistan, and Bangladesh resulted in clemency for many prisoners of war. The pursuit of accountability was further derailed by the 1975 military coup, leaving the Act dormant until the 1990s.

It was only in 2010 and again in 2012, under Sheikh Hasina, that the Crimes Tribunal was revived. However, these trials drew international criticism for procedural shortcomings, the absence of a right to appeal, and the curtailment of constitutional remedies—leading many to accuse the Awami League of weaponising the Tribunal against political opponents. 

A Fragile Interim Mandate and Troubling Decisions

The Interim Government assumed power after a wave of public protests, but such sentiment does not constitute an electoral mandate. In democratic terms, its primary responsibility should be to conduct free and fair national elections at the earliest. Instead, large-scale legal and constitutional reforms have taken precedence.

Particularly controversial is the appointment of Advocate Mohammed Tajul Islam as the Chief Prosecutor of ICT-BD. His long-standing association with Jamaat-e-Islami—a party previously implicated in atrocities of 1971—has raised concerns about political bias. Tajul’s role in defending Abdul Quader Mollah in the notorious “Mollah case” of 2013 further complicates the optics, especially now that he is positioned to prosecute former political rivals.

This contradiction has triggered questions over whether the Interim Government intends to correct past wrongs through Crimes Tribunal or merely replace the previous regime’s political maneuvering with its own. 

UN Involvement and the Risk of Internationalising Domestic Politics

In an unexpected move, Dhaka has invited a fact-finding mission from the UN Office of the High Commissioner for Human Rights. While Bangladesh is a signatory to the Rome Statute, the practical impact of UN involvement remains uncertain. International Crimes Tribunals have long been criticised for selective justice—particularly the International Criminal Court, whose caseload remains overwhelmingly Africa-centric.

Given global crises stretching UN resources, observers question whether international oversight will genuinely ensure fair trials or simply lend legitimacy to politically motivated prosecutions. 

A Surge in Politically Charged Cases

The post-uprising period has seen an explosion of criminal cases. Between August 5 and September 25, The Daily Star reported nearly 1,500 cases involving more than 92,000 individuals, including teachers, former ministers, police officials, and activists. Critics say these mass filings echo patterns seen in periods of authoritarian rule, where broad charges are used to intimidate dissent and consolidate power.

Simultaneously, the Interim Government has just echoed Hasina-styled War Crimes Tribunal and has initiated extensive structural reforms, establishing six national commissions—ranging from judicial reform to constitutional restructuring. For a government without a public mandate, such sweeping changes have raised alarms among constitutional experts. 

Sweeping Amendments to the ICT Act Deepen the Debate

Equally significant are the Law Ministry’s proposed amendments to the ICT Act, 1972. These include:

• Broadening the definition of crimes against humanity
• Introducing command responsibility for leaders of organisations
• Relaxing rules of evidence, allowing photographs and reports to be admitted with fewer restrictions
• Allowing foreign counsel with international criminal law experience
• Permitting foreign observers at trials
• Expanding prosecutorial authority to ban political organisations for up to ten years

These changes indicate a shift from prosecuting war crimes to reshaping the political landscape under the guise of legal reform. Discussions about involving international judges add another layer of complexity. 

Implications for Regional Politics and Sheikh Hasina’s Fate

Revial of Crimes Tribunal directly affects former Prime Minister Sheikh Hasina, whose extradition the Interim Government is reportedly seeking from India. Under Section 31 of India’s Extradition Act (1962), India can refuse extradition if the charges appear political in nature—an argument that Hasina’s supporters are likely to advance vigorously.

Thus, the evolving legal processes in Dhaka could reshape India–Bangladesh relations, influence regional power dynamics, and determine Hasina’s political future. 

A Nation at a Democratic Crossroads

The reconvening of ICT-BD under an unelected interim authority carries profound consequences. The original Crimes Tribunal served to deliver justice for the horrors of 1971. Today, its revival in a charged political climate risks being perceived as a partisan tool rather than an institution of accountability.

Whether the Interim Government seeks genuine reform or a consolidation of power remains unclear. What is certain is that Bangladesh is navigating one of its most delicate political phases since independence—and the decisions made now will echo for decades in the nation’s democratic trajectory.