Abstract

After forty years of the 1971 Indo-Pak war, the government of Bangladesh established a special tribunal to prosecute war crimes allegedly committed in 1971 that led to the creation of a new country. Therefore, in 2009, the International Crimes (Tribunals) Act, 1973, was enacted by the Bangladeshi parliament to prosecute the alleged executers of genocide, crimes against humanity and other war crimes under the international law by a domestic tribunal. In context to the on-going war crimes tribunal, study seeks to explore the historical roots of the tribunal. The critical analysis of the historical developments suggest that the said tribunal is falling short of international standards and also lacking the jurisdiction in present scenario which has been initiated with political motives in violation of international treaties and agreements between the parties.