TRW Insight / Bangladesh
Four interim-period ordinances and a 2026 Act have rewritten the International Crimes (Tribunals) Act 1973. Enforced disappearance, organisational liability, asset freezing and disqualification on formal charge now sit inside a statute first written for 1971.
International Crimes Tribunal Bangladesh: the law in 2026
The International Crimes Tribunal Bangladesh framework in 2026 is not the one most lawyers learned. Between late 2024 and October 2025 the interim government amended the International Crimes (Tribunals) Act 1973 four times by ordinance, and on 7 April 2026 the newly elected Parliament passed the International Crimes (Tribunals) (Amendment) Act 2026, gazetted as Act No. 13 of 2026 on 10 April 2026.[2] [8] The result is a statute that now reaches enforced disappearance, members of disciplined and intelligence forces, political organisations and the assets of the accused, and that attaches serious civic consequences to a formal charge alone.
This guide sets out the law as it stands: who and what the Tribunal can try, how the 2025 amendments on organisational liability, asset orders, procedure and evidence work, what the 2026 Act changed in status, the rights the statute gives an accused person, the appeal routes and the developments reported in 2026. It describes proceedings only as reputable sources have reported them and takes no position on the guilt or innocence of any person. Its purpose is practical: to help counsel, families, institutions and observers read the statute correctly and act on the right version of it.

Summary: The International Crimes (Tribunals) Act 1973 remains the governing statute, but its text has been rewritten in stages: a 2024 ordinance aligned crimes and fair-trial rules more closely with the Rome Statute; three 2025 ordinances added aggression limits, asset freezing, organisational punishment and electoral disqualification; and Act No. 13 of 2026 put the interim-period amendments on a parliamentary footing.
Key point: The 2025 ordinances are now repealed instruments. Anyone relying on a provision introduced by ordinance should cite the 1973 Act as amended by Act No. 13 of 2026 and check the gazette text, because online consolidated versions may not yet reflect every change.
At a glance
One statute, many layers
The 1973 Act was amended by ordinance in 2024 and three times in 2025, then confirmed by Parliament through Act No. 13 of 2026.
Wider jurisdiction
Individuals, groups, organisations and members of disciplined, auxiliary and intelligence forces can be tried, for conduct inside or outside Bangladesh.
Enforced disappearance
Listed as a crime against humanity, read with the definition in Article 7(2) of the Rome Statute.
Organisations and assets
The Tribunal may ban an organisation, cancel its registration, confiscate its property and freeze or confiscate an accused person's assets.
Charge consequences
A formal charge now disqualifies a person from Parliament, local government and public office unless discharged or acquitted.
Table of Contents
Foundations of the International Crimes Tribunal Bangladesh
The International Crimes (Tribunals) Act 1973, Act No. XIX of 1973, provides for the detention, prosecution and punishment of persons responsible for genocide, crimes against humanity, war crimes and other crimes under international law.[1] It was a pioneering statute when enacted, but it lay largely unused for decades. The Act was operationalised by a 2009 amendment, and two tribunals were then constituted to try alleged crimes committed during the 1971 Liberation War.[14]
The 1971 trials
Tribunal-1 and Tribunal-2 heard the 1971 cases in parallel for several years. Tribunal-2 sat from 22 March 2012 to 15 September 2015, and by February 2024 the two tribunals had delivered a total of 55 judgments against war crimes suspects.[14] Those judgments, and the appeals heard by the Appellate Division of the Supreme Court, generated most of the case law on the Act that practitioners still cite.
Constitutional insulation
The Act has always operated within an unusual constitutional setting. Articles 47(3) and 47A of the Constitution have the effect that persons accused under the Act cannot rely on certain fundamental rights that would otherwise protect them.[14] This explains why the statute's own fair-trial provisions matter so much: in practice they are the main source of the accused person's procedural protection, alongside the Tribunal's rules of procedure.
Why the statute was reopened in 2024
After August 2024 the interim government assigned the most serious alleged crimes of the 2009 to 2024 period, including those linked to the suppression of the July and August 2024 protests, to the Tribunal rather than to the ordinary criminal courts.[11] Applying a 1973 statute to recent events required changes to definitions, jurisdiction, evidence and procedure.
Four ordinances and one Act: the amendment timeline
Understanding the sequence of amendments is the single most important step in reading the current International Crimes Tribunal Bangladesh framework. Each instrument made targeted changes, and each was issued by the President under Article 93(1) of the Constitution while Parliament stood dissolved.[4] [6]
The 2024 ordinance
The first ordinance, published in late 2024, was the most extensive. It revised the definitions of crimes against humanity and genocide to track international law, adopted Rome Statute terminology for terms such as enforced disappearance and attack, required the Tribunal to have regard to the ICC Elements of Crimes, introduced a prosecution duty to disclose exculpatory evidence, allowed foreign counsel, opened proceedings to human rights observers and created protections for witnesses and participation rights for victims.[3] It retained the death penalty and added an interlocutory appeal only for contempt convictions.[3]
The first 2025 ordinance
The International Crimes (Tribunals) (Amendment) Ordinance 2025 was gazetted on 10 February 2025 and took effect immediately.[4] It amended sections 4, 8, 9, 11, 12 and 19: it limited liability for the crime of aggression to persons able to control or direct a state's political or military action, shortened the prosecution's disclosure deadline from six weeks to three weeks before trial, added a power to freeze or confiscate an accused person's assets, extended confidentiality to complaints and freed the Tribunal from technical rules of evidence.[4]
The Second Amendment Ordinance 2025
Ordinance No. 20 of 2025, published on 10 May 2025, inserted a definition of "organisation" covering political parties and their affiliated or associated entities, and a new section 20B allowing the Tribunal to punish an organisation found to have committed or assisted crimes under the Act.[5] [6]
The Third Amendment Ordinance 2025
The third ordinance, gazetted in early October 2025, inserted section 20C, which disqualifies a person from elected office and public appointment once a formal charge has been submitted against them under section 9(1).[7]
Act No. 13 of 2026
Under the Constitution, an ordinance ceases to have effect if Parliament does not adopt it within thirty days of its first sitting. The new Parliament formed a special committee on 12 March 2026 to review 133 interim-period ordinances; it recommended approving 98 unchanged and 15 with amendments, and repealing or replacing the rest.[8] The International Crimes (Tribunals) (Amendment) Bill, moved by Law Minister Md Asaduzzaman, was passed by voice vote on 7 April 2026 without clause-by-clause amendment, among a group of bills the committee had recommended for passage unchanged.[8] [9] It became Act No. 13 of 2026, gazetted on 10 April 2026, and the official record now shows the 2025 ordinances as repealed by that Act.[2] [6]
| Instrument | Date | Main changes | Status |
|---|---|---|---|
| 2024 amendment ordinance | Late 2024 | Rome Statute-aligned crimes, disclosure duty, foreign counsel, observers, victims | Carried into the amended Act |
| Ordinance No. 04 of 2025 | 10 February 2025 | Aggression limit, three-week disclosure, asset freezing, non-technical evidence | Repealed by Act No. 13 of 2026 |
| Ordinance No. 20 of 2025 | 10 May 2025 | Organisation definition and s 20B sanctions | Repealed by Act No. 13 of 2026 |
| Third Amendment Ordinance 2025 | October 2025 | s 20C disqualification on formal charge | Superseded by the 2026 Act |
| Act No. 13 of 2026 | Gazetted 10 April 2026 | Parliamentary adoption of the amendments | In force |
The practical lesson is that the ordinances themselves should no longer be cited as live law. Present-day submissions should rest on the 1973 Act as amended by Act No. 13 of 2026. When we checked, the consolidated English text on the official portal reflected the 2024 changes but not all of the 2025 provisions, so obtain the gazette text before any filing.[1]
Jurisdiction and crimes after the amendments
Who can be tried
Section 3(1) now allows a tribunal to try and punish any individual, group of individuals or organisation, and any member of a disciplined force, auxiliary force or intelligence agency, irrespective of nationality, for crimes committed inside or outside the territory of Bangladesh, whether before or after the Act came into force.[1] "Disciplined force" is defined to include the army, navy and air force, the police, the Rapid Action Battalion, Border Guard Bangladesh, the Coast Guard and Ansar, and any other force declared disciplined by law.[1] The express reference to security and intelligence personnel is the clearest signal that the International Crimes Tribunal Bangladesh is intended to hear allegations against state actors, not only against armed groups or foreign forces.
The listed crimes
Section 3(2) lists crimes against humanity, crimes against peace, genocide, war crimes, violations of the Geneva Conventions of 1949 and other crimes under international law, together with attempt, abetment, conspiracy, incitement, complicity and failure to prevent.[1] Crimes against humanity now include murder, extermination, enslavement, deportation, imprisonment, abduction, torture, rape and other sexual crimes, enforced disappearance and human trafficking, but only where committed as part of a widespread or systematic attack directed against a civilian population with knowledge of the attack.[1] That contextual element, absent from the original text, is the threshold that separates an international crime from an ordinary offence under the Penal Code.
The Rome Statute connection
Section 3(3) requires the Tribunal to consider the ICC Elements of Crimes so far as consistent with the Act, and the explanation to the crimes-against-humanity clause points to the definitions in Article 7(2) of the Rome Statute, which Bangladesh ratified on 23 March 2010.[1] International jurisprudence is therefore directly relevant to how elements such as "attack" and "enforced disappearance" are argued.
Modes of liability and command responsibility
Section 4(2) sets out modes of liability, including direct and joint commission, ordering and inducing, aiding and abetting, contribution to a group acting with a common purpose and attempt. Section 4(3) imposes responsibility on commanders and superiors who order, permit or fail to prevent crimes by subordinates where they knew or should have known of them.[1] Since February 2025, liability for the crime of aggression is confined to persons in a position effectively to exercise control over or direct the political or military action of a state.[4]
Enforced disappearance and the International Crimes Tribunal Bangladesh
The treatment of enforced disappearance is one of the most consequential changes to the International Crimes Tribunal Bangladesh framework. The 1973 Act did not originally name it. It now appears in the list of crimes against humanity in section 3(2)(a), with the Tribunal directed to the Rome Statute definition.[1] Moving the 2026 bill in Parliament, the Law Minister said it includes enforced disappearance in the definition of crimes against humanity and that this reflects the government's commitment to prosecuting such cases.[8] [9]
The separate disappearance ordinance
The interim government also issued a standalone Enforced Disappearance Prevention and Redress Ordinance in 2025 which, together with a 2025 National Human Rights Commission ordinance, would have allowed independent investigation and referral of cases to the International Crimes Tribunal.[12] Human Rights Watch reported in July 2026 that the elected government had allowed those ordinances to lapse and had proposed a replacement law under which the police would investigate disappearances.[12] At the time of passage, the Chief Prosecutor's office indicated that the disappearance provisions had been absorbed into the tribunal law.[9] The position for disappearances that do not meet the crimes-against-humanity threshold therefore depends on legislation still in development, and should be checked case by case.
What must be proved
Because enforced disappearance sits within crimes against humanity, the prosecution must establish both the underlying act and the contextual element: a widespread or systematic attack on a civilian population, and the accused's knowledge of it.[1] An isolated detention, however serious, does not fall within the Tribunal's jurisdiction on this basis alone. Families may need an ordinary criminal complaint or a habeas corpus petition instead. Our guide to writ petitions in Bangladesh explains the High Court Division route.
Reported proceedings
Human Rights Watch has reported that one trial before the Tribunal concerning an alleged abduction includes ten serving army officers who previously held senior roles in the Rapid Action Battalion.[12] An interim-period commission documented 1,569 enforced disappearances between 2009 and 2024, with 251 people presumed dead, figures it described as an undercount.[12]

Organisational liability under section 20B
Organisational liability is the most politically significant addition to the International Crimes Tribunal Bangladesh statute. The Second Amendment Ordinance 2025 inserted clause (bbb) into section 2, defining "organisation" to include any political party, any entity subordinate to, affiliated to or associated with such a party, and any group of persons that, in the Tribunal's opinion, propagates, supports, endorses, facilitates or engages in the party's activities.[5] [6]
The powers in section 20B
Where it appears to the Tribunal that an organisation has committed, ordered, attempted, aided, incited or otherwise assisted any crime under section 3(2), section 20B allows it to suspend or prohibit the organisation's activities, ban the organisation, suspend or cancel its registration or licence, and confiscate its property.[5] [6] These are sanctions against the organisation as such, separate from the criminal liability of any individual member.
Relationship with the Anti-Terrorism Act
Organisational sanctions also sit alongside the Anti-Terrorism Act 2009. In April 2026 Parliament converted the interim-period anti-terrorism amendment into law, giving the government power to ban an entity's activities; activities of the Awami League, which had been prohibited since May 2025 pending completion of trials of the party and its leaders at the International Crimes Tribunal, remain banned and the party's registration with the Election Commission remains suspended.[10] The two regimes are distinct: one is an executive measure under counter-terrorism law, the other a judicial sanction after findings by the Tribunal.
Current status
In July 2026 Chief Prosecutor Md Aminul Islam said that a political party can be tried as an organisation under the 1973 Act, that allegations against members of the Awami League and its affiliated bodies over casualties in July and August 2024 were under investigation, and that legal action against the party as such could follow if investigations established the allegations.[13] No charge against a party as an organisation had been reported in that statement.[13]
Asset orders, confiscation and compensation
The 2025 amendments gave the Tribunal three distinct property-related powers, and they should not be confused. Each has a different trigger, purpose and target.
Freezing and confiscation of an accused person's assets
New section 11(9), inserted in February 2025, allows the Tribunal to order the freezing or confiscation of an accused person's assets for three stated purposes: to prevent evasion or flight, to enable compensation under section 20A, and to ensure justice.[4] The power can be exercised during proceedings, before any finding of guilt, which makes it a significant interim measure. It is distinct from confiscation of an organisation's property under section 20B, which follows a finding.[5] Anyone facing such an order should identify which purpose is relied on, because a freezing order aimed at preventing flight raises different proportionality questions from one securing future compensation.
Compensation to victims
Section 20A allows the Tribunal to award victims compensation in any amount it considers appropriate. Where the convicted person's existing assets are insufficient, the award may be recovered from assets acquired later, and compensation claims take priority over other claims against those assets.[1] That priority rule matters to secured creditors, banks and co-owners, who may find a compensation claim ranking ahead of them.
Practical points for third parties
Banks, business partners and family members holding assets jointly with an accused person should take advice early. A freezing order may reach interests not wholly owned by the accused, and the statute sets out no detailed procedure for third-party objections, so documenting ownership, source of funds and prior security is the best protection. Our criminal law in Bangladesh guide covers asset-related orders in ordinary criminal proceedings for comparison.
Disqualification from elections and public office
Section 20C, inserted by the Third Amendment Ordinance 2025 after section 20B, attaches civic consequences to the formal charge stage of the International Crimes Tribunal Bangladesh process.[7] Once formal charges have been submitted against a person under section 9(1), that person is disqualified from being elected, or continuing, as a Member of Parliament; from being a member, commissioner, chairman, mayor or administrator of local government bodies; and from appointment to the service of the Republic or any other public office.[7]
The disqualification does not apply to a person whom the Tribunal discharges or acquits.[7] Its trigger is therefore the prosecution's formal charge rather than a conviction, which is a departure from the general rule that disqualification follows a finding of guilt. The provision has attracted debate on that point. For anyone potentially affected, the timing of formal charges, any application for discharge and the speed of the trial are directly connected to eligibility for office.

Procedure before the Tribunal: complaint to judgment
The procedural architecture of the International Crimes Tribunal Bangladesh is set partly by the Act and partly by the Tribunal's rules of procedure. The core stages are investigation, formal charges, trial and judgment.
Composition and seat
Each tribunal is established by government notification and consists of a chairman and not less than two and not more than four other members, each of whom is, has been or is qualified to be a judge of the Supreme Court. The tribunal must be independent and ensure a fair trial, its permanent seat is in Dhaka, and neither the prosecution nor the accused may challenge its constitution or the appointment of its members.[1]
Investigation and complaints
The government may establish an investigation agency, whose officers may assist the prosecution at trial, and any prosecutor may also act as an investigation officer.[1] The February 2025 ordinance removed the requirement for investigators to obtain the Tribunal's prior approval before search and seizure, and extended the confidentiality rule in section 12(3) to complaints as well as reports.[4] Complainants should keep their own copies of everything submitted, because they may not have access to the file later.
Formal charges and disclosure
Proceedings begin when the Chief Prosecutor, or a prosecutor authorised by him, submits formal charges against each accused person. The Tribunal then fixes a date for trial.[1] Since February 2025 the prosecution must furnish its list of witnesses, recorded statements and supporting documents at least three weeks before the trial begins, down from six weeks.[4] The prosecution may add witnesses later on notice to the defence, and the defence may call additional witnesses with the Tribunal's permission.[1]
Hearings, observers and foreign counsel
The Tribunal may record hearings and broadcast them online, subject to protections for safety, privacy and dignity; United Nations bodies and national and international human rights organisations may attend public hearings; virtual testimony is allowed where victims or witnesses cannot attend; and foreign counsel may appear with the prior permission of the Bangladesh Bar Council, which may not be unreasonably refused.[1] The Tribunal may punish contempt with simple imprisonment of up to one year, a fine of up to Tk 5,000, or both.[1]
Trial in absence
Under section 10A, if the Tribunal has reason to believe that an accused has absconded or is concealing himself so that he cannot be arrested and produced, it may hold the trial in his absence under its rules of procedure and direct that state-funded counsel defend him.[1]
Evidence
Section 19 permits digital and electronic evidence, including CCTV footage, drone data and telephone records. The Tribunal may order production of evidence it considers necessary to determine the truth, must give reasons for rulings on relevance and admissibility, and must exclude evidence obtained through serious human rights violations where it casts substantial doubt on reliability or would seriously damage the integrity of the proceedings.[1]
Statements recorded by a magistrate or investigation officer may be admitted where the maker is dead or cannot be produced without unreasonable delay, and the Tribunal takes judicial notice of facts of common knowledge and of official government and United Nations documents.[1] Since February 2025 the Tribunal is also not bound by technical rules of evidence and may adopt expeditious and non-technical procedures.[4]
Complaint
A complaint or report reaches the investigation agency or prosecution; complaints are confidential under section 12(3).
Investigation
The investigation agency gathers evidence and may search and seize without prior Tribunal approval since February 2025.
Interim orders
The Tribunal may issue warrants and, under section 11(9), freeze or confiscate an accused person's assets.
Formal charges
The Chief Prosecutor submits formal charges under section 9(1), which also triggers disqualification under section 20C.
Disclosure
Witness lists, statements and documents must reach the Tribunal at least three weeks before trial.
Trial
Evidence, cross-examination, victim participation and witness protection, in person, virtually or in absence under section 10A.
Judgment
A reasoned judgment, sentence, any compensation order under section 20A and any organisational sanction under section 20B.
Appeal
Appeal to the Appellate Division under section 21; contempt punishments are appealable within thirty days under section 21A.
Rights of the accused
Because Article 47A of the Constitution limits recourse to certain fundamental rights, the rights written into the Act carry particular weight before the International Crimes Tribunal Bangladesh.[14] The 2024 amendments substantially expanded them.[3]
The section 17 rights
Section 17 gives an accused person the right to give any explanation relevant to the charge; to conduct his own defence or be defended by counsel; to present evidence and cross-examine prosecution witnesses; to be tried without undue delay; to adequate time and facilities to prepare a defence and to communicate confidentially with counsel of choice; to a free interpreter where needed; to protection under the Torture and Custodial Death (Prevention) Act 2013; and to be produced before a tribunal within twenty-four hours of arrest, excluding travel time, and not to be arbitrarily detained.[1]
Silence, disclosure and privilege
An accused person may remain silent without that silence being held against him.[1] The prosecution must disclose, as soon as practicable, evidence that tends to show the innocence of the accused, mitigate guilt or affect the credibility of prosecution evidence, subject to exemptions for internal documents and an ex parte procedure where disclosure could prejudice ongoing investigations. Lawyer-client communications are privileged, with narrow exceptions.[1] Section 12 also allows the Tribunal to direct state-funded counsel for an unrepresented accused.[1]
Where the debate continues
Commentators have argued for further changes, including wider interlocutory appeals and stronger safeguards for trials in absence, and Human Rights Watch has said the law still lacks important due process protections.[3] [11] Defence teams should raise every statutory right on the record, in writing, so that it can be pursued on appeal. Our guide to bail and criminal defence in Bangladesh covers the ordinary-court position for comparison.
Witnesses and victims
Section 23A requires the Tribunal to take all necessary steps to protect the safety, security and well-being of witnesses, on its own motion or at the request of the prosecution, the defence or the witness, while taking account of the fair-trial rights of both the accused and the prosecution.[1] Section 23B allows victims to participate in proceedings, personally or through legal representatives, where they or their families hold views contrary to the prosecution's; the Tribunal records those views and may order protective measures for victims.[1]
Victim participation gives families a voice independent of the prosecution. Families should decide early whether to engage their own lawyer and should seek protective measures before testimony rather than after.
Judgment, sentence and appeals
Judgment and sentence
The Tribunal must give reasons for its judgment, and each member may deliver a separate judgment. On conviction, it may impose a sentence of death or such other punishment proportionate to the gravity of the crime as appears just.[1] A copy of the judgment, sealed and signed by the Registrar, is given free of charge to the prosecution and the accused on delivery and is treated as the certified copy for any appeal under section 21.[1]
Appeals to the Appellate Division
Final judgments of the Tribunal are appealable to the Appellate Division of the Supreme Court under section 21, which is the forum that decided the appeals in the 1971 cases. The time limits and disposal periods are set by the Act and should be confirmed against the gazette text of Act No. 13 of 2026, because a missed deadline is usually fatal. Our guide to criminal appeals in Bangladesh explains how appellate practice works more generally.
Interlocutory appeals
Section 21A allows a party to appeal a punishment for contempt to the Appellate Division within thirty days of the order, and the appeal must be disposed of within thirty days of filing; the trial continues meanwhile unless the Tribunal directs otherwise.[1] No general right of interlocutory appeal against other interim orders was added.[3] Bail refusals, charge decisions and evidential rulings must therefore usually be challenged in the final appeal.

Proceedings reported since 2024
This section summarises proceedings only as reported by reputable sources. It is not an assessment of evidence or of any individual's guilt.
The July 2024 cases
Human Rights Watch reported that on 17 November 2025 the Tribunal sentenced former Prime Minister Sheikh Hasina, tried in absentia, to death for crimes against humanity linked to the suppression of the 2024 protests; former home minister Asaduzzaman Khan Kamal, also tried in absentia, received the same sentence, while a former police chief in custody who testified for the prosecution received a five-year prison term.[11] Human Rights Watch criticised the retention of the death penalty and described the proceedings as falling short of fair-trial standards.[11]
2026 developments
The 2026 year has brought parliamentary confirmation of the amendments through Act No. 13 of 2026, Md Aminul Islam in office as Chief Prosecutor, public statements about a possible organisational case under section 20B, and a reported trial of ten serving army officers over an alleged abduction.[2] [12] [13] The Chief Prosecutor also reported that investigations continue into allegations against members of political organisations over the 2024 casualties.[13] Readers should treat any summary of ongoing cases as a snapshot and verify current listings before relying on it.
Practical guidance for counsel, families and institutions
For defence counsel
- Cite the right text: use the 1973 Act as amended by Act No. 13 of 2026 and obtain the gazette, not a superseded ordinance or an outdated consolidation.
- Diarise the three-week disclosure point: object promptly if witness lists and documents arrive late or incomplete.
- Use section 12 disclosure: request exculpatory material in writing and record every refusal.
- Challenge the contextual element: where the widespread or systematic attack is not shown, seek transfer to an ordinary court under section 11A, which allows a tribunal to send a case disclosing only a Penal Code or other offence to a competent court.[1]
- Consider foreign counsel early: Bar Council permission takes time.
For victims and families
- Preserve evidence: keep copies of complaints, medical records, photographs, messages and witness details.
- Consider participation: section 23B allows separate representation where your view differs from the prosecution's.
- Plan for compensation: document loss so that a section 20A application is ready when needed.
For banks, businesses and institutions
- Screen for asset orders: confirm whether accounts or assets are subject to a section 11(9) order before releasing funds.
- Review appointments: section 20C affects eligibility for public office, which matters for boards of state-owned and regulated entities.
- Map organisational exposure: affiliated entities and associated groups may be within the definition of organisation.
Matters that touch both the Tribunal and the ordinary courts, such as habeas corpus petitions, challenges to executive bans or disputes over frozen property, often require coordinated strategy across forums. Our constitutional and writ litigation practice and public international law practice work together on such matters, and our guide to constitutional law in Bangladesh explains the wider framework.
What to watch in late 2026
Four issues will shape the International Crimes Tribunal Bangladesh framework over the coming months. The first is whether a case is brought against a political organisation under section 20B and, if so, how the Tribunal approaches the standard of proof for organisational findings. The second is the legislative replacement for the lapsed enforced disappearance ordinance and how it will divide cases between the Tribunal and ordinary courts.[12] The third is appellate practice, as any appeals from the Tribunal's recent judgments are brought before the Appellate Division. The fourth is constitutional: Articles 47(3) and 47A remain contested, and any amendment there would change the remedies available to accused persons.[14]
The statute now carries consequences well beyond the courtroom, from frozen assets to disqualification from office. Early, precise advice on the current text is the best protection for anyone affected. To discuss a specific matter, contact TRW.
Frequently asked questions
What law governs the International Crimes Tribunal in Bangladesh?
Are the 2025 ICT ordinances still in force?
Can the Tribunal try enforced disappearance?
Yes, as a crime against humanity, where it forms part of a widespread or systematic attack on a civilian population and the accused knew of the attack. The Rome Statute definition applies.[1]
Can a political party be prosecuted before the Tribunal?
Can the Tribunal freeze an accused person's assets?
Yes. Section 11(9) allows freezing or confiscation to prevent evasion or flight, to secure compensation under section 20A and to ensure justice.[4]
Does a formal charge bar someone from contesting elections?
Yes. Under section 20C, a person against whom formal charges are submitted under section 9(1) is disqualified from Parliament, local government office and public appointment, unless discharged or acquitted.[7]
Can foreign lawyers appear before the Tribunal?
Yes, with the prior permission of the Bangladesh Bar Council, which may not be unreasonably refused.[1]
Can a trial be held in the absence of the accused?
Yes. Under section 10A, if the accused has absconded or is concealing himself, the Tribunal may proceed in absence and direct state-funded counsel for the defence.[1]
Can interim orders of the Tribunal be appealed?
Can victims take part in the proceedings?
Yes. Section 23B allows victims to participate personally or through lawyers where their views differ from the prosecution's, and section 20A allows the Tribunal to award them compensation.[1]
Source register
Primary legal and regulatory sources
Materials checked on 21 October 2026. Confirm the current official text before relying on any provision.
- International Crimes (Tribunals) Act 1973 — Laws of Bangladesh
- Legislative and Parliamentary Affairs Division — Acts of 2026 (Act No. 13 of 2026)
- Prothom Alo, December 2024 — New ordinance brings ICT closer to international standards
- BSS, 11 February 2025 — ICT Act amended to make it time-befitting, strengthen tribunal
- Dhaka Tribune, 11 May 2025 — ICT ordinance gets clause, section to try and punish political parties
- International Crimes (Tribunals) (Second Amendment) Ordinance 2025 — text and repeal note
- The Financial Express, October 2025 — Formal charge at ICT bars accused from contesting polls
- The Business Standard (Bangla), 7 April 2026 — Parliament passes ICT and other ordinance bills
- Daily Sangram, 8 April 2026 — ICT bill among 14 ordinance bills passed
- The Business Standard, 8 April 2026 — Parliament turns anti-terror ordinance into law
- Human Rights Watch — World Report 2026: Bangladesh
- Human Rights Watch, 20 July 2026 — First enforced disappearance case since July 2024 uprising
- The Business Standard, July 2026 — ICT Chief Prosecutor on trial of a party as an organisation
- TOAEP Policy Brief No. 160 (2024) — The International Crimes Tribunals of Bangladesh
Related TRW assistance
Move from information to a defined next step
TRW advises accused persons, victims' families, institutions and observers on proceedings under the International Crimes (Tribunals) Act 1973, asset orders and related constitutional challenges. Explore our public international law practice and constitutional and writ litigation practice, or contact TRW to discuss your matter.