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Category Archives: Uncategorized

The Bangladesh Genocide: the Plight of Women

A Debnath

2009

The plight and fate of female victims during the course of genocide is both similar to, and in some respects, radically and profoundly different from their male counterparts. During the course of genocide, these female victims, suffer demonisation, ostracism, discrimination, and the deprivation of their basic human rights. Likewise, they are often round up, deported and killed. But unlike most men, they have also been subjected to rape, gang rape and mass rape. The horror and pain suffered by females do not end with the act of rape. This scholarly piece looks at the plight and suffering of the rape victims of Bangladesh in 1971.…

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Dealing with Crimes of a Past Regime: Is Amnesty still an Option?

Dugard, J

1999

From time immemorial ‘amnesty’ has been employed as a means of promoting political settlement and advancing reconciliation in societies that have emerged from repression. At present there is a trend in support of prosecution of those who have committed international crimes, such as torture and crimes against humanity, which excludes the possibility of amnesty. That amnesty is no longer favoured is illustrated by the failure of the Rome Statute of the International Criminal Court to recognise amnesty as a defence to prosecution. While there is no place for unconditional amnesty in the contemporary international legal order an immediate solution such as a Truth and Reconciliation Commission with power to grant amnesty after investigation, of the South African kind, may contribute to the achievement of peace and justice in a society in transition more effectively than mandatory prosecution.…

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No Lessons Learned from the Holocaust? Assessing Risks of Genocide and Political Mass Murder since 1955

Harff, B

2003

This article reports a test of a structural model of the antecedents of genocide and politicide (political mass murder). A case-control research design is used to test alternative specifications of a multivariate model that identifies preconditions of geno-Ipoliticide. The universe of analysis consists of 126 instances of internal war and regime collapse that began between 1955 and 1997, as identified by the State Failure project. Geno-Ipoliticides began during 35 of these episodes of state failure. The analytic question is which factors distinguish the 35 episodes that led to geno-Ipoliticides from those that did not. The case-control method is used to estimate the effects of theoretically specified domestic and international risk factors measured one year prior to the onset of geno-Ipoliticide. The optimal model includes six factors that jointly make it possible to distinguish with 74% accuracy between internal wars and regime collapses that do and those that do not lead to geno-Ipoliticide. The conclusion uses the model to assess the risks of future episodes in 25 countries.…

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Military Inc. – Inside Pakistan’s Military Economy

Siddiqa, Ayesha

2007

Pakistan has emerged as a strategic ally of the United States in the “war on terror.” It is the third largest recipient of U.S. aid in the world. But how stable is Pakistan? Ayesha Siddiqa shows how the military has gradually gained control of Pakistan’s political, social, and economic resources. This power has transformed Pakistani society, where the armed forces have become an independent class. The military is entrenched in the corporate sector and controls the country’s largest companies and large tracts of real estate. So Pakistan’s companies and its main assets are in the hands of a tiny minority of senior army officials. Siddiqa examines this military economy and the consequences of merging the military and corporate sectors. Does democracy have a future in the new Pakistan? Will the generals ever withdraw to the barracks. Military Inc. analyzes the internal and external dynamics of this gradual power-building and the impact that it is having on Pakistan’s political and economic development. (copied from Amazon’s description of the book)…

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বাংলাদেশের স্বাধীনতা যুদ্ধ – দলিলপত্র – সপ্তম খন্ড – ৩

হাসান হাফিজুর রহমান(ed.)

1984

বাংলাদেশের স্বাধীনতা যুদ্ধ – দলিলপত্র – সপ্তম খন্ড – পাকিস্তানী দলিলপত্র
১৯৭১ এবং ১৯৭২ সালে পাকিস্তানী সরকারী এবং বেসরকারী দলিলপত্র (প্রেসনোট, অর্ডিন্যান্স, পত্রিকার রিপোর্ট ইত্যাদি)…

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Opinion of the Law Commission on the technical aspects of the International Crimes (Tribunals) Act, 1973 (Act No. XIX of 1973)

The Law Commission, Bangladesh

2009

While reviewing the ’73 Act, The Law Commission’s central focus was on the individual responsibility in the commission of the crimes and holding of the trial by an independent, impartial and comprehensive tribunal on the basis of internationally accepted rules of procedure and evidence. The Law Commission, in this proposed recommendation made suggestions for provisions for the registry of the tribunal.…

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ICSF Comment on Observations of US Ambassador-at-Large for War Crimes Issues Mr. Stephen Rapp Regarding the International Crimes Tribunal of Bangladesh

International Crimes Strategy Forum(ICSF)

2011

United States Ambassador-at-Large for War Crimes Issues Mr. Stephen Rapp first arrived in Bangladesh on 10 January 2011 at the invitation of the Government of the People’s Republic of Bangladesh (hereinafter Bangladesh Government). During that particular visit, Mr. Rapp stated, “The US government will help Bangladesh hold an open and transparent war crimes trial with the rights of defence for the accused.” Mr. Rapp also reiterated his desire to “send a memorandum to the law minister suggesting ideas that may meet some of the issues that have been raised by … organisations like the International Bar Association that may help assure that justice is done and seem to be done in the process here.” Subsequently on 21 March 2011, Mr. Rapp issued a letter (see Annex) to Dr. Dipu Moni, the Hon’ble Minister of Foreign Affairs and Barrister Shafique Ahmed, the Hon’ble Minister of Law and Parliamentary Affairs of the Bangladesh Government where he offered suggestions regarding the nature of the International Crimes Tribunal (ICT) operating currently in Bangladesh and its governing statute, namely the International Crimes (Tribunals) Act 1973. Mr. Rapp visited Bangladesh again in the first week of May 2011 and held meetings with senior government officials, ICT officials, political leaders, civil society, the media, and defence lawyers to discuss his suggestions. He also visited the office of the Daily Prothom Alo to exchange views on the war crimes trials with members of the civil society and freedom-fighters of the Liberation War of 1971. the objectives of this policy paper are:
• to evaluate Ambassador Rapp’s suggestions on ICT and ICTA;
• to assess the conceptual validity of his legal analysis and the positions adopted by his office;
• to assess the viability of some of his suggestions regarding amendment of procedural and substantive laws applicable to the ICT; and
• to present the doctrinal and conceptual positions that correctly applies to the ICT on the issues raised for the benefit of the public, government, media, and other interested parties.…

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Archive I: Media Archive

Archives news reports, opinions, editorials published in different media outlets from around the world on 1971, International Crimes Tribunal and the justice process.

Archive II: ICT Documentation

For the sake of ICT’s legacy this documentation project archives, and preserves proceeding-documents, e.g., judgments, orders, petitions, timelines.

Archive III: E-Library

Brings at fingertips academic materials in the areas of law, politics, and history to facilitate serious research on 1971, Bangladesh, ICT and international justice.

Archive IV: Memories

This archive records from memory the nine-month history of 1971 as experienced and perceived by individuals from all walks of life.