Awami League President and five-time Prime Minister Sheikh Hasina, along with several former ministers, MPs and members of the law enforcement agencies of the previous Awami League government, are being tried at the International Crimes Tribunal (ICT-BD) on charges of crimes against humanity. For this reason, the role of the tribunal is very important and at the same time sensitive. Recently, the Chief Prosecutor of the Tribunal, Mohammad Tajul Islam, made some comments that have raised some questions and concerns about the ongoing trial process, according to an op-ed by Manjurul Islam, Senior Associate Editor of the daily Prothom Alo.
On August 30, the government’s Commission of Inquiry into Enforced Disappearances and the Office of the United Nations High Commissioner for Human Rights (OHCHR) jointly organised a roundtable meeting at a hotel in Gulshan, Dhaka. At that meeting, Tajul Islam said: “We have to rush to determine whether the next elected government will move forward with the trial of crimes committed during the July uprising and crimes against humanity committed during the Awami League government, including disappearances and murders. As a result, I may not be able to do this work as thoroughly as needed. We have to rush too much.” (Samakal Online, August 31, 2025)
Tajul Islam also said: โIn the new reality, we have to think, if we did not have to do these thoughts, it would have been very good. That is, if the election is held in February, the elected government will come, if they do not move forward with this trial. Why do we have to think this way?… We assume that if the new government comes in February, the prosecution team or the judiciary will not move forward.โ (Prothom Alo Online, 30 August 2025)
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There are two aspects to Tajul Islam’s above statement. First, he admitted in his statement that the ongoing trial of crimes against humanity at the tribunal may be rushed. Second, while explaining the reason for the rush, Tajul Islam said that if the election is held in February, a new government will come, and the new government will not move forward with the current prosecution team or this judiciary.
The possibility of prosecution rushing and therefore not being perfect in the trial of crimes against humanity is a very serious matter. Since the Chief Prosecutor himself admitted this, the accused party may try to take advantage of it in various ways. If the tribunal’s decision is aggrieved, the accused party can say, based on the statement of the Chief Prosecutor, that due to the haste of the prosecution, there was no sufficient opportunity to defend themselves and the accused were sentenced with unusual haste. And it goes without saying that if the prosecution’s work is not perfect or if there are flaws in it, the accused party will benefit.
How reasonable is the explanation given by the Chief Prosecutor about the haste in the trial process?
According to his statement, the prosecution team may be reconstituted when the elected government comes to power, and that is why he is in a hurry. In this case, the question arises, why does he think that if the elected government comes to power, a new prosecution team will be appointed instead of the current prosecution team? And if the elected government takes such a decision later, then where is the problem? Why is he unable to trust the decision of the elected government?
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English newspaper The Daily Star has written an editorial based on the statement of the Chief Prosecutor. There, his statement has been termed immature and alarming. At the same time, the issue of haste has been termed highly worrying.
At another event on August 30, the Chief Prosecutor commented on when the trial of several anti-humanitarian cases would be completed. As a panellist on the second day of the Bengal Delta Conference 2025, organised by the Dhaka Institute of Research and Analytics (DAIRA), he said: โThe investigation is currently being completed by training 23 members of the tribunalโs investigation agency who have never investigated crimes against humanity before. The way the trial is going now, it can be said that the trial of 8 to 10 cases is possible by next February.โ (TBS Bangla, August 30, 2025)
How thoughtful is it for the Chief Prosecutor to comment on when the trial of any case of the International Crimes Tribunal will be completed? It should not be forgotten that these cases will be tried by the tribunal or the court, and certain specific procedures (such as investigation, taking of testimony, presentation of arguments) have to be followed for the trial. It cannot be said in advance or easily guessed when these processes will be completed. In most cases, they depend on the emerging situation. In general, there is a protracted nature to the trial process in Bangladesh.
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It is noteworthy that Legal Advisor Professor Asif Nazrul had expressed hope that three to four of the cases filed by the International Crimes Tribunal would be decided by October. (Three to four cases will be decided by October, Legal Advisor’s Hope, Prothom Alo Online, 11 February 2025) The Tribunal expressed dissatisfaction with the Legal Advisor’s statement. The Tribunal’s Chairman, Justice Md. Golam Mortuza Majumder said: โThe International Crimes Tribunal is independent. It does not depend on anyone. We will not listen to anyone. Such statements will create a negative impression about the trial.โ (Channel 24 Online, February 12, 2025)
Since the completion of the trial or the time frame for the verdict of a case cannot be predicted in advance, there is no opportunity for anyone to comment on it. If someone does so, it may appear that the โown pace of lawโ or the court proceedings are being obstructed.
That is why The Daily Star editorial, based on the Chief Prosecutorโs statement, said: โThere are still less than six months left before the elections scheduled for February. The Election Commission has already announced a โroadmapโ that outlines all the preparatory steps necessary to organise the polls in the first half of that month. But the trial process cannot be bound by any time limit, as this risks compromising its integrity. While public pressure is clear to quickly conclude the trials of crimes committed during the July uprising and the cases of disappearances committed during the Awami League government, it is imperative for prosecutors not to be swayed by this pressure. Only then can these trials ensure justice for both the victims and the accused. Otherwise, the credibility of the trial process in the national and international arena will remain at risk of being questioned.โ (The Daily Star, September 1, 2025)
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After the Chief Prosecutorโs statement about โrushingโ and the โrisk of leaving flaws,โ it is natural for the public to ask questions: Is the trial of crimes against humanity being carried out perfectly, or will questions arise about this trial process after the political change? Will the criminals against humanity not get any relief due to the flaws in the trial process? Is there any attempt to link the trial to any political agenda?
Tajul Islam took over as the Chief Prosecutor of the International Crimes Tribunal after the mass uprising of 2024. Prior to this, he was the joint convener of the AB Party. That is why anyone can find a connection to politics in his speech. Past experience has shown that in Bangladesh, law, court and justice have often been unable to remain outside of political influence.
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The interim government has announced elections in the first half of next February. Holding elections on the announced date is very important for Bangladesh. At the same time, the trial process for crimes against humanity committed during the previous government’s tenure must also be carried out with transparency. But there is no way to bring justice and elections face-to-face.
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