Toby Cadman, Special Adviser to the ICT Chief Prosecutor, on Thursday urged the interim government of Bangladesh to refer the cases of the July-August massacres to the International Criminal Court in The Hague.
Cadman, who has extensive experience as an international criminal law specialist, having worked on Bosnia, Kosovo, Rwanda, Yemen, Syria and Ukraine, made the recommendation when he met Chief Adviser Prof Muhammad Yunus at the State Guest House Jamuna in Dhaka.
The issue of how Dhaka would involve the International Criminal Court in The Hague was also brought up and discussed in detail, according to the Chief Adviser’s press wing.
The discussions revolved around the potential for international cooperation and the roles and responsibilities of the court in relation to Bangladesh's quest for justice.
It was noted that due to certain absconding accused being shielded by foreign states, cooperation with the International Criminal Court under the principles of complementarity is required and the two institutions should work closely together to ensure that the perpetrators are held fully accountable.
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The meeting started with a detailed discussion on the progress and challenges faced by the International Crimes Tribunal.
The tribunal is tasked with addressing the atrocities committed during the previous regime of Sheikh Hasina, especially following the student-led uprising in July-August 2024.
A number of topics were discussed concerning the applicable legal framework and the need to break from the past.
Cadman, also the head of G37 Chambers, suggested amendments to the ICT legal and regulatory framework, including the important issue of changing the name of the institution "to demonstrate a clear departure from the previous autocratic regime."
The issue of the death penalty and the incorporation of procedural rules of evidence to ensure the highest standards of fair trial and due process were also discussed during the meeting.
Prof Yunus appreciated the work of the ICT Prosecution team, saying they must uphold the highest international standards to ensure a fair trial and justice.
The Chief Adviser also said Bangladesh would soon decide whether it would refer the July atrocities to the Hague-based ICC since the UN fact-finding mission last month reported that potential crimes against humanity were committed during the uprising.
"It is important that the world should know who ordered the massacres of 1,400 students, protesters, and workers during the July uprising and who were the main perpetrators. The UN fact-finding mission has done a splendid job by unmasking the real face of the (Sheikh Hasina) regime. Now we must hold the culprits to account and serve justice," he said.
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The issue of providing full resources to the Tribunal and the Prosecution was discussed to ensure that witnesses are protected, the accused receive all fundamental rights necessary for fair trials, and the public has full and transparent access to the process that is aimed towards truth, justice, and lasting reconciliation.
Another major point of discussion was the seizure of stolen assets by the previous regime.
The attendees deliberated on the legal and procedural measures needed to recover and repatriate these assets to Bangladesh.
At the end of the meeting, Professor Yunus presented Cadman a copy of the book “Art of Triumph: Graffiti of Bangladesh’s New Dawn,” symbolising the hope and resilience of the Bangladeshi people in their new era.
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