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The search for justice in Bangladesh : an assessment of the legality and legitimacy of the international crimes tribunals of Bangladesh through the prism of the principle of complementarity
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Hossain, M. Sanjeeb (2017) The search for justice in Bangladesh : an assessment of the legality and legitimacy of the international crimes tribunals of Bangladesh through the prism of the principle of complementarity. PhD thesis, University of Warwick.
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Official URL: http://webcat.warwick.ac.uk/record=b3178909~S15
Abstract
Bangladesh’s place on the globe as a sovereign nation-state came at the expense of millions of victims who perished during the war of 1971. For the greater part of four decades an endemic culture of impunity deprived the surviving victims of justice. As the crimes of 1971 remained beyond the ratione temporis of the ICC, the Bangladesh Government established the first International Crimes Tribunal in 2010 under the International Crimes (Tribunals) Act 1973 for the purposes of detaining, prosecuting and punishing “persons responsible for committing genocide, crimes against humanity, war crimes and other crimes under international law” in 1971. According to critics, the ICTs are a case of “complementarity gone bad” because they have failed to uphold international standards of justice. This thesis determines the legality and the legitimacy of the ICTs of Bangladesh. It does so by analysing the major criticisms directed towards the statutory provisions of the ICTA and the trial process of the ICTs through the prism of the principle of complementarity with particular reference to the “principles of due process recognized by international law”.
| Item Type: | Thesis (PhD) | ||||
|---|---|---|---|---|---|
| Subjects: | D History General and Old World > DS Asia H Social Sciences > HV Social pathology. Social and public welfare K Law [Moys] > KC International Law |
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| Library of Congress Subject Headings (LCSH): | Genocide -- Bangladesh, Crimes against humanity -- Bangladesh, War crimes -- Bangladesh, Bangladesh -- History -- Revolution, 1971 | ||||
| Official Date: | September 2017 | ||||
| Dates: |
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| Institution: | University of Warwick | ||||
| Theses Department: | School of Law | ||||
| Thesis Type: | PhD | ||||
| Publication Status: | Unpublished | ||||
| Supervisor(s)/Advisor: | Williams, Andrew | ||||
| Sponsors: | Commonwealth Scholarship Commission | ||||
| Extent: | 428 leaves | ||||
| Language: | eng |
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