Fantastic article Miraz bhai
I am glad that it is not simply a polemic, as most articles on the war criminals are. The depth of research is very impressive considering you were probably still doing your PhD at the time?
Did you consider translating it to English and publishing it in one of the more serious magazines/journals in Bangladesh? Given the considerable legal content of your article, you could think about submitting it to the Law supplement of the Daily Star or to BILIA's (Bangladesh Institute of Law and International Affairs) journal or even this new publication, South Asia Journal: southasiajournal.net
I have done some reading on this issue myself, largely to supplement my understanding of the current war crimes tribunal process. If you are able to find it in Bangladesh, I would also encourage you to read the contemporaneous textbook,
"War Crimes and Genocide: The Trial of Pakistani War Criminals" by Dr. B.N. Mehrish (Oriental Publishers: 1972, Delhi). It was written by a young Indian academic soon after the end of the War and it grapples with the question - "Has the Government of Bangladesh a right in international law to try Pakistani prisoners of war surrendered to the Joint Command of the Indian forces and Mukti Bahini?" The author makes a strong case for the prosecution but, as your articles points out, realpolitik intervened and the legal process was scuppered.
In addition, as I am sure you're aware, the war crimes tribunal has been under heavy scrutiny in the West and has been subject to scathing attacks by legal commentators/international lawyers.
I've been trying to formulate a rebuttal to their allegations for a while now and for that purpose, I've been collecting transcripts of speeches/presentations they've made and articles that they've published. I would encourage people to read them, to see how the Tribunal is viewed abroad and some of the criticisms they face:
- David Bergman's blog "
Bangladesh War Crimes Tribunal".
- David Bergman, "
New ICT rules give accused ‘universally recognised standards’" 4 July 2011
- Toby Cadman, "
International Council of Jurists Expunges Critique" Crimes of War
- Toby Cadman, "Ensuring Fair Trials in Accordance with International Best Practice Standards" Human Rights Situation: Perspective Bangladesh, Delivered in Dhaka on 19 October 2010.
- Toby Cadman, "
Fair Trial and Media Reporting" Presentation at the Bangladesh Supreme Court Bar Association, January 2011
- Bina D' Costa and Sara Hossain, "Redress for Sexual Violence before the International Crimes Tribunal in Bangladesh: Lessons from History and Hopes for the Future" Criminal Law Forum (2010: 331-359)
- Morris Davis, "
Bangladesh War Crimes Tribunal: A Near-Justice Experience" Crimes of War
- Katherine Iliopoulos, "
Bangladesh: A Free and Fair War Crimes Tribunal?" Crimes of War
- Steven Kay QC, "Bangladesh War Crimes Tribunal - A Wolf in Sheep's Clothing?" Presentation delivered at Asser Institute, The Hague, 28 October 2010
- Steven Kay QC, "
Bangladesh War Crimes trial to start in July", International Crimes Strategy Forum [icsf] Media Archive (See the website generally)
- Steven Kay QC, "
Lord Avebury supports the work of Steven Kay QC, Toby Cadman and John Cammegh" 9 Bedford Row, July 28 2011
- Suzannah Linton, "
Bangladesh and the Prosecution of International Crimes from the 1971 War of Independence from Pakistan" Criminal Law Forum (2010: 187-190)
- Suzannah Linton, "Completing the Circle: Accountability for the Crimes of the 1971 Bangladesh War of Liberation" Criminal Law Forum (2010: 191-311)
(A very in-depth look at the legislation surrounding the War Crimes Tribunal from 1973 onwards)