PreprintArticleVersion 1Preserved in Portico This version is not peer-reviewed
Murder, Extermination and Torture as the Underlying Offenses of Crimes against Humanity: A Practical Reflection on the International Crimes Tribunal Bangladesh
Version 1
: Received: 20 October 2022 / Approved: 21 October 2022 / Online: 21 October 2022 (10:31:53 CEST)
How to cite:
Billah, M.; Saripan, H.; Rahmat, N.E.; Hassan, R.A.; Mia, M.T. Murder, Extermination and Torture as the Underlying Offenses of Crimes against Humanity: A Practical Reflection on the International Crimes Tribunal Bangladesh. Preprints2022, 2022100333. https://doi.org/10.20944/preprints202210.0333.v1
Billah, M.; Saripan, H.; Rahmat, N.E.; Hassan, R.A.; Mia, M.T. Murder, Extermination and Torture as the Underlying Offenses of Crimes against Humanity: A Practical Reflection on the International Crimes Tribunal Bangladesh. Preprints 2022, 2022100333. https://doi.org/10.20944/preprints202210.0333.v1
Billah, M.; Saripan, H.; Rahmat, N.E.; Hassan, R.A.; Mia, M.T. Murder, Extermination and Torture as the Underlying Offenses of Crimes against Humanity: A Practical Reflection on the International Crimes Tribunal Bangladesh. Preprints2022, 2022100333. https://doi.org/10.20944/preprints202210.0333.v1
APA Style
Billah, M., Saripan, H., Rahmat, N.E., Hassan, R.A., & Mia, M.T. (2022). Murder, Extermination and Torture as the Underlying Offenses of Crimes against Humanity: A Practical Reflection on the International Crimes Tribunal Bangladesh. Preprints. https://doi.org/10.20944/preprints202210.0333.v1
Chicago/Turabian Style
Billah, M., Rafizah Abu Hassan and Md. Tuhin Mia. 2022 "Murder, Extermination and Torture as the Underlying Offenses of Crimes against Humanity: A Practical Reflection on the International Crimes Tribunal Bangladesh" Preprints. https://doi.org/10.20944/preprints202210.0333.v1
Abstract
The current government of Bangladesh introduced a criminal tribunal namely, the International Crimes Tribunal Bangladesh (ICTB) in 2010, aiming to try and penalize the offenders of crimes against humanity committed in the Liberation War of Bangladesh in 1971. Generally, crimes against humanity are perpetrated thru a natural person, not by an intangible entity. Establishing each element of a specific criminal act is essential to prove such crimes’ guilts and punish the criminal. Hence, this study analyzes the elements of murder, extermination, and torture as the underlying offenses of crimes against humanity according to international customary law and the ICTB Statute. Firstly, this study scrutinizes the latest international customary law development and international criminal tribunals’ findings on these mentioned offenses. Secondly, this study examines whether specific requirements of such underlying offenses of crimes against humanity are being applied by the ICTB with the latest development enshrined in international criminal law and tribunals. Finally, this study examines any legal failure ascertained by the ICTB to apply elements of specific offenses of crimes against humanity that are internationally known as the established norm before proving crimes against humanity as the main international crimes. Then, this study recommends some ways forward; otherwise, the ICTB would be considered the victor's justice type of initiative to suppress the alleged perpetrators, mainly from the opposition political party of Bangladesh.
Keywords
underlying offenses of crimes against humanity; murder; extermination; torture
Subject
Social Sciences, Law
Copyright:
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
