Sen 2012 Trial

Title Information

Author: Jhuma Sen

Title: The Trial of Errors in Bangladesh

Subtitle: The International Crimes (Tribunals) Act and the 1971 War Crimes Trial

Journal: Harvard Asia Quarterly: A Journal of Current Affairs Affiliated with the Harvard University Asia Center

Volume: 14

Issue: 3

Year: Fall 2012

Pages: 33-43

ISSN: 1522-4147 – Find a Library: WordCat

Language: English

Keywords: 20th Century, 21st Century | Bangladeshi History | Prosecution: Trials / International Crimes Tribunal (Bangladesh); Types: Wartime Rape / Bangladesh Liberation War

Full Text

Link: Harvard Asia Quarterly [Free Access]

Link: [Free Access]

Link: Social Science Research Network [Free Access]

Additional Information

Author: Jhuma Sen, Jindal Global Law School, O.P. Jindal Global University

Abstract: »Bangladesh was born of bloodshed and violence in 1971 with its secession from Pakistan. To date, there have been several attempts to prosecute the perpetrators of war crimes during the period of secession, culminating in the present Awami League-led government’s proclamation of its plan to hold a war crimes tribunal for the 1971 criminals under the International Crimes (Tribunals) Act. This paper will first offer context for the legislation with a discussion of the 1971 war and will follow with an examination of the legislation itself and the key legal issues arising from it. The paper does not, however, attempt to analyze the trial that has already commenced.« (Source: Harvard Asia Quarterly)


  Introduction (p. 33)
  Liberation War, War Crimes, and the ICTA (p. 34)
    Operation Searchlight (p. 35)
  Critique of the Amended International Crimes (Tribunal) Act of 1973 (p. 37)
    1. Jurisdiction and Definition of Crimes (p. 38)
    2. Liability for Crimes (p. 40)
    3. Fairness and Impartiality of the Tribunal (p. 41)
    4. Self-Incrimination (p. 41)
    5. Right of the Accused to Representation (p. 42)
    6. Rights of Appeal (p. 42)
    7. Procedure and Evidence (p. 42)
    8. The Death Penalty (p. 43)
  Conclusion (p. 43)

Wikipedia: War rape: Bangladesh Liberation War, International Crimes Tribunal (Bangladesh), Rape during the Bangladesh Liberation War

Added: August 9, 2014 | Last updated: August 9, 2014