22 Mar Bangladesh Becomes Lucky Number 111
22.03.10
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2 Comments
Bangladesh has ratified the Rome Statute, making it the 111th member of the International Criminal Court. Bangladesh was the first country in South Asia to sign the Statute, which it did on July 17, 1998. I don’t know what explains the 12-year gap between signature and ratification; if any readers know, please chime in below.
Bangladesh’s ratification will have immediate dividends. The country is set to begin prosecuting the individuals responsible for the atrocities committed in 1971 during its struggle for independence from what was then West Pakistan, and Bangladesh’s law minister has indicated that the government will rely on the provisions of the Rome Statute to guide the prosecutions.
Congratulations, Bangladesh!
How does Bangladesh intend to use the Rome Statute, which entered into force in 2002 and only in Bangladesh with its ratification there, to prosecute 1971 atrocities? Do you mean to say that the national legislation it adopted to facilitate cooperation with the Court allows for retro-active prosecution?
Response…
My guess would be that Bangladesh does not intend to use the Rome Statute per se, but intends to use it as a model for their own prosecutions. Since the Rome Statute provisions on War Crimes are largely drawn from the Geneva Conventions of 1949 and the Hague Regulations, both of which were in effect in 1971, there shouldn’t be a problem with retro-activity.
One advantage of Bangladesh’s approach is that it keeps its own prosecution in line with international norms, which could minimize the problem of fragmentation of international law when applied by national courts. I will be interested in seeing how this works out.