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12 A Legal Analysis of the International Crimes Tribunal Bangladesh: A Fair Trial Perspective

Fazi, Muhammad Abdullah, Tehrani, Pardis and Sharom, Azmi Bin (2018) 12 A Legal Analysis of the International Crimes Tribunal Bangladesh: A Fair Trial Perspective. In: The Asian Yearbook of Human Rights and Humanitarian Law. Brill Nijhoff, pp. 350-366. ISBN 9789004346888

Item Type: Book Section

Abstract

Fair trial is recognized as a fundamental human right in the modern criminal justice system. Consequently, the war crime tribunals of former Yugoslavia (ICTY) and Rwanda (ICTR) fully adopted the due process rights and incorporated it in their respective statutes. However, the international crimes tribunal Bangladesh (ICTB) follows its own special procedure which is lacking the fair trial guarantees as promised. With reference to the fair trial guarantees, governing statutes and its working, there are vast disparities found between the ICTB and the other internationally recognized tribunals (ICTY and ICTR). The ICTY and the ICTR appeared to be more transparent than the ICTB. The ICTB has repeatedly deviated from the international norms and principals of a just trial. Moreover, non-compliance with the ICCPR, violations of the domestic laws and other serious irregularities make the ICTB illegal and unjust. The legal analysis of the ICTB unfolds the entire discourse from a comparative perspective to identify the flaws in the International Crimes Tribunal Bangladesh legislation.

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Depositing User: Pardis Tehrani

Identifiers

Item ID: 15567
ISBN: 9789004346888
URI: http://sure.sunderland.ac.uk/id/eprint/15567
Official URL: https://brill.com/display/book/edcoll/978900434688...

Users with ORCIDS

ORCID for Pardis Tehrani: ORCID iD orcid.org/0000-0001-9698-8698

Catalogue record

Date Deposited: 09 Jan 2023 11:43
Last Modified: 02 May 2023 10:56

Contributors

Author: Pardis Tehrani ORCID iD
Author: Muhammad Abdullah Fazi
Author: Azmi Bin Sharom

University Divisions

Faculty of Business, Law and Tourism > School of Law
Faculty of Business, Law and Tourism
Faculty of Business, Law and Tourism > Sunderland Law School

Subjects

Law > Law
Law

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