Human Rights Watch (HRW), a leading US-based advocacy organisation, on Wednesday, 29 July 2025, accused Bangladesh authorities of systematically failing to meet international legal standards at the country's International Crimes Tribunal (ICT). The warning came days after ICT prosecutors filed formal charges against former Bangladesh Prime Minister Sheikh Hasina and 40 others in a crimes against humanity case connected to the 2013 crackdown on a Hefazat-e-Islam rally at Shapla Chattar, Dhaka.

What HRW Alleged

Meenakshi Ganguly, Deputy Asia Director at HRW, said that while accountability for abuses committed under the Hasina government was necessary, many prosecutions were falling short. 'Those responsible for the many abuses committed under the Sheikh Hasina government should be appropriately held to account, but many prosecutions are falling short of international fair trial standards. Bangladesh needs to urgently reform its criminal justice system, and the new government should ensure that there is no room for political vendettas through shoddy investigations and arbitrary allegations,' Ganguly said.

The rights body also flagged that on 27 July, prosecutors named two journalists among 41 individuals charged before the tribunal, accusing them of crimes against humanity and genocide — a charge that, under international law, requires proof of intent to destroy a national, ethnic, racial, or religious group in whole or in part.

Procedural Concerns at the Tribunal

HRW identified several structural deficiencies in the tribunal's legal framework. According to the organisation, prosecutors can seek arrests without meeting any evidential threshold and detain individuals for months without providing written reasons, while denying detainees the right to file interlocutory appeals before a separate court.

Trials, HRW noted, can commence as little as three weeks after prosecution evidence is disclosed — leaving inadequate time for defence preparation. Trials in absentia are reportedly conducted without appropriate safeguards, including defendants' right to appoint their own legal representatives. Defence lawyers' ability to cross-examine witnesses is also said to be restricted.

Additionally, HRW alleged that 'tribunal prosecutors and judges are relying on statements recorded by investigating officers that contain passages duplicated across multiple statements, casting doubt on their authenticity.'

Background: The Tribunal's Origins and Amendments

The ICT was originally established by the then Awami League government in March 2010 to prosecute individuals accused of committing crimes under international law — including crimes against humanity — in support of the Pakistan military during Bangladesh's 1971 war of independence.

After the Awami League government was ousted by protesters in 2024, an interim administration led by Muhammad Yunus amended the legislation governing the tribunal, altering the definition of offences. However, HRW noted that these amendments fell short of ensuring due process and procedural standards comparable to international courts handling similar cases.

Current Government's Position

The Bangladesh Nationalist Party (BNP) administration, led by Prime Minister Tarique Rahman and in office since February 2026, has not introduced any further changes to those amendments, according to HRW. Critics argue this inaction leaves the tribunal's procedural gaps unaddressed, raising the risk that convictions — including those of political opponents — could be challenged on due process grounds.

What Comes Next

With charges now formally filed against Sheikh Hasina and dozens of others, the tribunal's proceedings will face intensified international scrutiny. Rights groups are calling on Dhaka to bring the ICT's framework in line with international standards before trials advance further, warning that justice for victims of the 1971 war and subsequent abuses cannot be credibly delivered through a flawed process.