Bangladesh: Is the International Crimes Tribunal a weapon of revenge, now?

Bangladesh: Is the International Crimes Tribunal a weapon of revenge, now?

New Delhi: August 5, 2024, will be remembered as a historic turning point in Bangladesh’s political journey. The fall of the Sheikh Hasina-led Awami League government marked the end of an era—an era deeply intertwined with the legacy of the 1971 Liberation War, the pursuit of transitional justice, and an increasingly authoritarian political framework.

In its place, a fragile and confused new political setup has emerged, led by Nobel laureate Muhammad Yunus, who, despite his international acclaim, appears ill-equipped to manage the complexities of a fractured nation.

Bangladesh today stands at a crossroads—politically unstable, socially fragmented, and economically stalled. Law and order have collapsed, with law enforcement either absent or complicit. Amid this chaos, one of the most disturbing developments has been the reported takeover of the International Crimes Tribunal (ICT) by anti-liberation forces, particularly from right-wing factions.

The new ICT leadership appears preoccupied with finding ways to punish Sheikh Hasina and her allies. Even former prosecutors have not been spared—Tureen Afroz, a former prosecutor, was arrested and reportedly tortured in her own home after the fall of the Hasina government.

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The tribunal’s primary focus now seems to be targeting members of a specific political party—the Awami League—on accusations related to the mass uprising of 2024 that led to the government’s collapse. This is not merely a political transition. It is a dangerous reversal—a grotesque distortion of justice and history.

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From Transitional justice to political vendetta

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The International Crimes Tribunal was established in 2009 with the aim of bringing to justice the perpetrators of war crimes committed during Bangladesh’s struggle for independence. In principle, it was a noble endeavour—a long-overdue acknowledgement of the need for historical accountability. Many war criminals, particularly from Jamaat-e-Islami and the BNP, were prosecuted, with some even sentenced to death.

While many ordinary Bangladeshis, especially families of 1971 martyrs, supported the idea of justice, the overt politicisation of the tribunal gradually eroded its legitimacy. But no one could have imagined that the tribunal itself would one day fall into the hands of the very forces it once sought to prosecute. Yet, that is the grim reality today.

Jamaat’s spectre returns

The resurgence of Jamaat-Shibir elements within the current political framework is deeply alarming—not only because of their past, but because of what it symbolises. It marks the complete reversal of the political narrative that has shaped Bangladesh for the past two decades.

Reports now suggest that several individuals with known ties to Jamaat-e-Islami and its student wing, Islami Chhatra Shibir, are now influencing—and in some cases directly managing—the International Crimes Tribunal. It is nothing short of surreal. How can a nation reconcile with the fact that a tribunal once created to hold war criminals accountable is now run, in part, by those accused of committing some of the gravest crimes during the Liberation War?

This development is not just a political scandal; it is a national disgrace. It insults the memory of the 3 million who were martyred and the countless women who were raped in 1971. It undermines the very foundation of our national identity.

The Disillusionment of Democracy

Muhammad Yunus’s unexpected rise to leadership was initially met with hope—particularly among groups sympathetic to anti-Bangladesh sentiments, pro-Pakistani elements, and war criminals. With the fall of Sheikh Hasina’s government, many of these groups expressed relief.

However, Yunus’s government, largely composed of technocrats and opportunists, lacks both political capital and ideological clarity. It has failed to present a roadmap for economic recovery, social cohesion, or political reconciliation. Law and order have collapsed entirely.

(Dr Sreoshi Sinha is a Senior Fellow Centre for Joint Warfare Studies (CENJOWS), while Abu Obaidha Arin is a student at the University of Delhi.)

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