Publication of the Book: “The Rule of Law in Developing Countries: The case of Bangladesh”
“The Rule of Law in Developing Countries: The case of Bangladesh” has been published by Routledge in late February 2018, as a part of the Routledge Contemporary South Asia series. The editor, Chowdhury Ishrak Ahmed Siddiky, is a renowned Bangladeshi Barrister and a Law professor at the University of Asia Pacific. The book features contributions of various specialists in International and Bangladeshi Law, covering different areas such as: the Rule of Law in Bangladesh, the Judicial Appointment Process, the Court and the Law of Contempt, and the International Crimes Tribunal (ICT).
The final part of the book was written by Toby Cadman, co-founder of Guernica 37; Carl Buckley, Chambers director; and Pilar Lovelle Moraleda, associate member of Guernica 37. In this chapter, the authors analyse the historical development of transitional justice in Bangladesh, with a particular focus on the legal characteristics and socio-political implications of the ICT. The chapter provides a detailed critical analysis of the legal framework and the functioning of the ICT, so as to enable the reader to develop an informed opinion on the strengths and deficiencies of this Tribunal. The preliminary conclusion is that, despite the pressing need to provide justice for the crimes committed during the Liberation War and the hopes placed on the potential of the ICT to serve as a tool of meaningful accountability, the trials being conducted before this tribunal have been, and still are deeply flawed, and fall far below international standards of due process. A litany of grave violations of human and procedural rights has characterized the ICT in both its legal framework and practice.