Provision over punishing political parties dropped from draft ICT Act amendment
The ICT Act was enacted in 1973 to prosecute those accused of genocide, crimes against humanity, war crimes and other crimes under international law
The Advisory Council today (20 November) approved the draft International Crimes Tribunals (Amendment) Ordinance 2024, removing the proposed provision that would allow the tribunal to recommend punitive measures against organisations or political parties.
Law, Justice, and Parliamentary Affairs Adviser Asif Nazrul shared this development during a press briefing held at the Foreign Service Academy after the interim cabinet meeting chaired by Chief Adviser Muhammad Yunus.
The interim government gave the final approval to the draft that seeks to amend the International Crimes (Tribunals) Act, 1973, in line with the Rome Statute of the International Criminal Court, according to a press statement issued by the Cabinet Division.
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The Cabinet Division stated that the ICT Act 1973 was enacted to prosecute those accused of genocide, crimes against humanity, war crimes, and other crimes under international law.
"It is necessary to amend the ICT Act to make it more consistent with the Rome Statute of the International Criminal Court and existing provisions of international law, in light of various recommendations raised by domestic and international human rights activists and organisations regarding prosecution under the act," the press statement reads.
What does the ordinance seek to amend?
The ordinance will allow modernising the definition of international crimes by the Law and Justice Division; the determination of punishment for crimes; recording and broadcasting proceedings through audio and video; including provisions for foreign counsel; provisions on the rights of the accused during trial; interlocutory appeals; admissibility and relevance of evidence; searches by investigating officers; seizure; observers; witness protection; and victim participation and protection.
The Law and Justice Division prepared the draft ordinance after holding meetings with stakeholders, human rights organisations and activists, academics, various government departments, and foreign legal experts.
The ordinance was drafted and presented to the Advisory Council for in-principle and final approval "as the parliament is in a state of dissolution and there is a need to take urgent measures to modernise the existing laws for the prosecution of those accused of genocide, crimes against humanity, war crimes, and other crimes under international law," according to the Cabinet Division statement.
