In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.
"The International Crimes Tribunal in Bangladesh was established in 2010 with the aim of bringing to trial perpetrators of crimes committed during the Liberation War in 1971, through which the country seceded from Pakistan. The International Crimes Tribunal is a domestic tribunal based on the International Crimes Tribunals Act from 1973 and the rules of procedure enacted by the Tribunal itself. The initiation of these trials almost 40 years after the war entails several challenges. The publication examines to what extent the Tribunal's legal framework as well as its jurisprudence comply with international standards as established in international treaties, customary international law and in the jurisprudence of international criminal law. To this end, the substantive law and its interpretation as well as the procedural standards applied at these trials are examined thoroughly. At the same time, the analysis takes into account the political environment surrounding the Tribunal's work and assesses its impact on the country?s process of coming to terms with the past."--
In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country’s sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of ‘sentencing policies’ cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.
A riveting history—the first full account—of the involvement of Richard Nixon and Henry Kissinger in the 1971 atrocities in Bangladesh that led to war between India and Pakistan, shaped the fate of Asia, and left in their wake a host of major strategic consequences for the world today. Giving an astonishing inside view of how the White House really works in a crisis, The Blood Telegram is an unprecedented chronicle of a pivotal but little-known chapter of the Cold War. Gary J. Bass shows how Nixon and Kissinger supported Pakistan’s military dictatorship as it brutally quashed the results of a historic free election. The Pakistani army launched a crackdown on what was then East Pakistan (today an independent Bangladesh), killing hundreds of thousands of people and sending ten million refugees fleeing to India—one of the worst humanitarian crises of the twentieth century. Nixon and Kissinger, unswayed by detailed warnings of genocide from American diplomats witnessing the bloodshed, stood behind Pakistan’s military rulers. Driven not just by Cold War realpolitik but by a bitter personal dislike of India and its leader Indira Gandhi, Nixon and Kissinger actively helped the Pakistani government even as it careened toward a devastating war against India. They silenced American officials who dared to speak up, secretly encouraged China to mass troops on the Indian border, and illegally supplied weapons to the Pakistani military—an overlooked scandal that presages Watergate. Drawing on previously unheard White House tapes, recently declassified documents, and extensive interviews with White House staffers and Indian military leaders, The Blood Telegram tells this thrilling, shadowy story in full. Bringing us into the drama of a crisis exploding into war, Bass follows reporters, consuls, and guerrilla warriors on the ground—from the desperate refugee camps to the most secretive conversations in the Oval Office. Bass makes clear how the United States’ embrace of the military dictatorship in Islamabad would mold Asia’s destiny for decades, and confronts for the first time Nixon and Kissinger’s hidden role in a tragedy that was far bloodier than Bosnia. This is a revelatory, compulsively readable work of politics, personalities, military confrontation, and Cold War brinksmanship.
In this incendiary book, Hitchens takes the floor as prosecuting counsel and mounts a devastating indictment of Henry Kissinger, whose ambitions and ruthlessness have directly resulted in both individual murders and widespread, indiscriminate slaughter.
This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.
