The amendment to the International Crimes (Tribunals) Act 1973 is a valid law for trying the crimes against humanity during the 1971 Bangladesh Liberation War, argued Ajmalul Hossain, QC, before the Appellate Division of the Supreme Court on Sunday.He told the apex court that the ICT Act 1973 was a law protected under the constitution.
Referring to the article 47 (3) of the constitution, Ajmalul as an amicus curiae (friend of the court) said as the law has been given constitutional protection, it cannot be challenged or touched by anyone. So the latest amendment to the ICT Act is a valid providing equal scope for appeal by both sides against the ICT verdict.
Ajmalul Hossain said the international customary laws are generally followed in holding the trial of war crimes, but when international laws appear contradictory, the domestic laws shall prevail.
If anything vague is found in the domestic laws, the international customary laws could be followed, he added.
The Appellate Division bench of the Supreme Court on June 20 appointed seven amici curiae (friends of court) for legal opinion on two issues — whether the trial of war crimes fall under the purview of the international customary law, and whether the amendment of the ICT Act on February 17 can come into effect from July 14, 2009.
The seven amici curiae are: TH Khan, Mahmudul Islam, Rafique-ul Huq, M Amir-Ul Islam, Rokanuddin Mahmud, AF Hasan Ariff and Ajmalul Hossain, QC.
On February 17 this year, parliament amended the ICT Act providing for equal rights of appeal by both the convict and the prosecution. Earlier, the prosecution had no right to appeal in this regard except in case of acquittal of the accused.
Later, the prosecution filed the appeal seeking death penalty for lifer Quader Mollah and challenging his acquittal on one charge. On the other hand, Mollah appealed against the February 5 verdict of the ICT-2, which sentenced him to life term imprisonment for committing crimes against humanity during the Liberation War in 1971.
Hearing on both the appeals began April 1 when defense lawyer Abdur Razzaque questioned the legality of appeal by the prosecution for death sentence on the charge.
On June 20, the Supreme Court sought legal opinion from the amici curiae on the issue. -UNB
