ICT Trials to Include Digital Recording as Cabinet Approves Amendment Ordinance 2024
The International Crimes (Tribunals) (Amendment) Ordinance 2024 has been granted final approval during a meeting of the Advisory Council at the Secretariat. The announcement was made by Cabinet Secretary Sheikh Abdur Rashid at a press briefing on Wednesday, November 20.
Detailing the ordinance, the Cabinet Secretary said, “The amendment allows for audio and video recording of tribunal proceedings for archival purposes. These recordings will not be broadcast publicly or made available to the media, maintaining the confidentiality of the judicial process.”
The ordinance also includes provisions for addressing crimes committed outside Bangladesh that fall under the tribunal's jurisdiction. Furthermore, it introduces the possibility of interim appeals, enabling litigants to challenge specific orders during ongoing trials. Such appeals must be resolved within 30 days.
The Secretary noted that foreign observers may now be permitted to monitor the proceedings, a provision absent in the earlier legislation. Additionally, at least 20 sections of the existing International Crimes (Tribunals) Act, 1973, have been revised to align the law with international standards and recommendations from human rights organizations.
The amendments aim to modernize the legal framework, bringing it in line with the Rome Statute of the International Criminal Court. Key updates include:
- Definitions of international crimes.
- Provisions for capturing trial proceedings through audio-visual means.
- Victim and witness protection measures.
- Involvement of foreign counsel.
- Recognition and protection of victims' rights and participation.
- Enhanced rules for evidence collection and relevance.
The ordinance underscores the historical significance of preserving tribunal proceedings for posterity while ensuring fairness and transparency. However, Cabinet Secretary Sheikh Abdur Rashid clarified that the recordings would be strictly for archival purposes, with no provision for public airing.
The 1973 law was originally enacted to prosecute individuals accused of genocide, crimes against humanity, and war crimes during Bangladesh’s Liberation War. The recent amendments seek to adapt the legal framework to address emerging challenges and strengthen its adherence to international legal norms.
