International Criminal Tribunal of Bangladesh (ICTB) Sentences 4 Persons to Death for War Crimes committed during 1971 War

On 17 July 2018 International Crimes Tribunal-1 of the International Criminal Tribunal of Bangladesh (ICTB) sentenced four persons to death for crimes against humanity  and genocide which were committed during the 9-month war of  independence of Bangladesh in 1971. This civil war resulted in mass killings, persecutions, deaths, sexual violence and displacements and genocide by the Pakistan armed forces and paramilitary groups that collaborated with them.

The four accused, Md. Akmal Ali Talukder, Abdun Nur Talukder Lal Miah, Md. Anis Miah and Md. Abdul Mosabbir Miah, residents of Moulavibazar, resisted the idea of an independent Bangladesh and were affiliated in a local para military force that collaborated with the Pakistan armed forces. The crimes took place in Pachgaon village, Paschimbag village, Moulaviazar Town and at Rajanagar Police station in 1971 against those who were in favor of a liberated Bangladesh.

There are two charges against the four accused:

Charge no.1) Genocide and abduction, confinement, torture, rape, looting and arson committed at Pachgaon village under Rajnagar Police Station of the then Moulavibazar Sub-Division.
Charge no.2) Abduction, confinement, torture, murder, looting and arson committed at Paschimbag village, Rajnagar Police Station and Moulavibazar town.

According to the ICTB, the four accused men were found criminally liable for (charge no.1): "participating, abetting, assisting, substantially contributing and also for complicity, by their act and conduct forming part of systematic attack, to the accomplishment of devastating criminal activities and mass killing directing Hindu civilians of village-Pachgaon constituting the offence of ‘genocide’" as enumerated in section 3(2)(a)(c)(g)(h) of the Act of 1973.

The Tribunal also found the four men criminally liable for (charge no.2): "participating, abetting, facilitating, contributing and complicity in the commission of offences of ‘confinement’, ‘torture’, ‘abduction’ and ‘murder’ of unarmed civilians constituting the offences of crimes against humanity as enumerated ICT-BD Case No.08 of 2016 Chief Prosecutor vs. Md. Akamal Ali Talukder & 03 Others 141 in section 3(2)(a)((g)(h) of the Act of 1973 which are punishable under section 20(2) of the said Act."

All four have been found guilty of committing genocide of 59 Hindu villagers, raping 6 Hindu women, looting around 102 houses and setting more than 132 houses on fire in 1971. The Tribunal considered the committed crimes as 'system crimes', and in violation of international humanitarian law, the Genocide Convention of 1948 and the laws of war in Bangladesh in 1971.

With regard to charge no.01, the ICTB convicted and condemned the accused four men to the ‘Sentence of death’ under section 20(2) of the International Crimes (Tribunals) Act, 1973. With respect to charge no.2, the accused are convicted and sentenced to suffer ‘Imprisonment for life till biological death’ under section 20(2) of the Act. Charge no.02 will get merged into the ‘sentences of death’.

The International Criminal Tribunal of Bangladesh is a national court which has been established in 2009 in order to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law  (International Crimes Act). Earlier this year, ten others have been prosecuted (See cases ICT-BD 04 of 2016, ICT-BD 05 of 2015 and ICT-BD 06 of 2016). This verdict is the 33rd since the establishment of the Court.

Over the years the International Crimes Tribunal in Bangladesh has faced several criticisms, including that of being biased, failing to meet even a basic standard of fairness, applying the death penalty, violating international human rights standards, intolerance of sceptical commentary, etc.