Appeal challenging tribunal's jurisdiction dismissed, trial to proceed

The International Crimes Tribunal has dismissed an appeal challenging its jurisdiction over the reconstituted tribunal, paving the way for the trial related to alleged genocide and crimes against humanity committed during the July-August student movement to continue.

The three-member tribunal, headed by Chairman Justice Md Golam Mortuza Majumder, issued the order on Wednesday after a hearing. Chief Prosecutor Mohammad Tajul Islam represented the prosecution during the proceedings.

The appeal was filed by Ziaul Ahsan, former director general of the National Telecommunication Monitoring Centre (NTMC), who has been charged with crimes against humanity.

Chief Prosecutor Tajul Islam told reporters: “The appeal challenged the tribunal’s jurisdiction and amendments to the Tribunal Act, but we argued that such appeals should be made in the constitutional or High Court. There is no scope to challenge these matters in the International Crimes Tribunal or any other criminal court.”

He added: “The petitioners also questioned the legitimacy of the current government. We clarified that this tribunal does not have the jurisdiction to entertain such challenges.”

Referring to the rights of the accused, Tajul Islam said: “Those accused of war crimes or crimes against humanity are not entitled to fundamental rights under the Constitution in this context. Laws created to prosecute such crimes cannot be invalidated for constitutional inconsistency due to special protections provided in this regard.”

The prosecutor also addressed concerns over the tribunal’s expanded jurisdiction. “The amended Tribunal Act now includes the issue of disappearances, which has been challenged. However, we demonstrated that the law allows trials of such acts regardless of the timing of their occurrence,” he said.

Tajul Islam further said: “We believe the appeal was filed to attract media attention and derail proceedings. Not only was the appeal dismissed, but we also urged the tribunal to impose penalties on the applicants for submitting baseless petitions.”

The charges stem from allegations of genocide and crimes against humanity attributed to Awami League government officials, party cadres, and sections of law enforcement in the suppression of last July-August’s student movement. Following the unrest, the International Crimes Tribunal was restructured to address these allegations.