যে কারনে পাকিস্তানী যুদ্ধাপরাধীদের বিচারে ব্যর্থ হলাম

[FagunerAgun]

I was expecting some more..please.

[Kabir]

There's a FB page called citizen awareness suggesting Golam Azam is in BD police custody and they're trying to hang him. Here's the note on the pic of golam with all kinds of lies. It will be good to get some folks from here to post on this pic and crush this lie.

FB page: http://www.facebook.com/citizenawarenessprogram

Photo: This is a Pakistani who stood by the homeland when #Indian invaders & their terror militants wreaked havoc in East Pakistan in '71. Now pro-Indian Bangladeshi politicians plan to execute him. Terrorism in East Pakistan in '71 was the work of Indian govt. & military. This has been proven now as new info emerges 40ys after India's unprovoked invasion of Pakistan

[bujhee kom]

Originally Posted by Kabir
There's a FB page called citizen awareness suggesting Golam Azam is in BD police custody and they're trying to hang him. Here's the note on the pic of golam with all kinds of lies. It will be good to get some folks from here to post on this pic and crush this lie.

FB page: http://www.facebook.com/citizenawarenessprogram

Ei shala ekhono morey nai?

Eikhaney ki korey jabo aar post korbo Kabir da, facebook acct thaktey hobey tow in the first place!!

Ei Pakistan-er manoos, government + management-er kotha aar bolar nai..oi link-ey giye dekhlaam aajkey pakistaner joto shasti taar jonno ekmatro diee holo United States Of America!! Arrey 10 years ago, America'key BAAP bolto shobcheye agey jei desh o desher manoos taar naam Pakistan...Behaya, Nirlojjo, Omanoos, Odhom, Oshikkhito, Kapurush, er dol, ajkey jehetu U.S. tight dei, Osamakey sala pawa jai shei deshe, ekhon shob oi America-er dosh, India-er dosh, Raw er dosh, Israel, Mosad, CIA-er dosh.....Arrey America, India, RAW, CIA, MOSAD jodi toder pacha-tey lathi dei, tora kotobor Ohom-er gushti je shei Pacha ajkey bachatey parish naa....jaa ekhon kand gia oi Shindhu Nodir tirey!!

[Miraz]

I think this piece is relevant now in light of our Shahbag movement.

Sorry for bumping another thread.

[cricket_pagol]

Originally Posted by Miraz
I think this piece is relevant now in light of our Shahbag movement.

Sorry for bumping another thread.

I missed this thread before, thank you Miraz bhai!!! I will share this information with my friends and family.

[cricket_pagol]

Originally Posted by Navo
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)

Hi Navo, did you get around to provide rebuttal to the opinion expressed in these blogs.

Are people like David Bergman being fair with their analysis? I read his blog and it seemed like he was raising some valid points. I would really like to hear your opinion.

[Navo]

Originally Posted by cricket_pagol
Hi Navo, did you get around to provide rebuttal to the opinion expressed in these blogs.

Are people like David Bergman being fair with their analysis? I read his blog and it seemed like he was raising some valid points. I would really like to hear your opinion.

Hi Cricket Pagol,

I was working on that rebuttal quite earnestly before returning to Dhaka and getting immersed in my practice and teaching and writing on other topics. Unfortunately, it has meant that events have caught up with me and I haven't been able to complete it...yet. However, a friend of mine - who was called to the Bar with me last year - did publish Op-Eds that reflected my opinion of Toby Cadman and co's antics quite aptly: http://opinion.bdnews24.com/2012/12/...%99s-advocate/ and http://opinion.bdnews24.com/2012/12/...al-propaganda/

[cricket_pagol]

Originally Posted by Navo
Hi Cricket Pagol,

I was working on that rebuttal quite earnestly before returning to Dhaka and getting immersed in my practice and teaching and writing on other topics. Unfortunately, it has meant that events have caught up with me and I haven't been able to complete it...yet. However, a friend of mine - who was called to the Bar with me last year - did publish Op-Eds that reflected my opinion of Toby Cadman and co's antics quite aptly: http://opinion.bdnews24.com/2012/12/...%99s-advocate/ and http://opinion.bdnews24.com/2012/12/...al-propaganda/

Thanks Navo!

Regarding the article about ICT, these are the arguments as I understand.
#1. There is a huge lobbying effort in US about ICT, we cannot trust any advice coming from US. The conclusion seemed harsh to me. I was kind of surprised that Joe "you lie" Wilson has commented about our ICT.
#2: There should not be foreign interference on domestic trials. I think this is legitimate.
#3. No mention of Skype Scandal and other evidence for lack of meeting international standard. I think meeting international standard is important if we want the judgement to be acceptable to all people. This should not be a matter of debate. For example, consider the Numberg trial, there is no big debate about it's fairness.

Didn't know anything about Toby Cadman before, he is definitely seems like a guy with questionable character.

From what i have seen of David Bergman, he is no Tony Cadman. Any thoughts. I have not gone through the large volume of information you posted earlier.

[Roni_uk]

Darun Miraz bhai...
thanks for this educational material. I read the whole thing - did not know the whole story but now I do. Thanks again.

[HereWeGo]

By any standard, their crimes deserve the harshest punishment. I have nothing to say to people who thinks they are innocent...