AL can face crimes against humanity probe under amended law, says ICT chief prosecutor
The amended law allows for the prosecution of political parties or organisations involved in crimes against humanity, and details the kinds of punishment which could be granted, if found guilty
The Awami League could potentially face investigation and prosecution, for committing crimes against humanity during the 2024 July uprising, under the newly amended International Crimes (Tribunals) Act, International Crimes Tribunal (ICT) Chief Prosecutor Mohammad Tajul Islam said today (12 May).
"The law has just been amended. We are reviewing it. If the Awami League is found to be responsible for mass killings during [2024] July and August, the political party can be brought under trial according to the new law," he said told a press conference after receiving a probe report against ousted prime minister Sheikh Hasina and two others in a case over charges of genocide, murder, and crimes against humanity committed during the uprising.
He added that the amended law allows for the prosecution of political parties or organisations involved in crimes against humanity, and details the kinds of punishment which could be granted, if found guilty.
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Asked about any future action against the party, Tajul said, "As you know, in such cases, formal complaints are not required. If the investigation agency believes the party was politically involved in crimes against humanity in July, the probe will begin as per the law, and all relevant legal measures will be followed."
He said, however, it is still too early to comment on the matter.
On 10 May, President Mohammed Shahabuddin promulgated an ordinance amending the International Crimes (Tribunals) Act, 1973, to empower the tribunals to try a political party facing charges of genocide and crimes against humanity and punish it if found guilty. A gazette notification in this regard was published that night.
Amidst protests demanding a ban on the Awami League (AL), the amendments have been brought to the law to try the party.
According to the gazette, the new Section 20B of the ICT law now grants the tribunals legal powers to suspend, prohibit, or dissolve organisations proven to have facilitated atrocities.
The section says that "if it appears to the Tribunal that any organisation has committed, ordered, attempted, aided, incited, abetted, conspired, facilitated or otherwise assisted the commission of any of the crimes under sub-section (2) of section 3 of this Act, the Tribunal shall have the power to suspend or prohibit its activities, ban the organisation, suspend or cancel its registration or license, and confiscate its property".
According to the revised law now specifically defines organisations as "any political party, or any entity subordinate to, or affiliated to, or associated with such a party, or any group of individuals which, in the opinion of the Tribunal, propagates, supports, endorses, facilitates, or engages in the activities of such a party or entity".
