Staff Correspondent

The Advisory Council has approved the draft of the International Crimes Tribunal (Amendment) Ordinance, 2024, which includes a provision that allows the tribunal to recommend punitive measures against political parties involved in criminal activities, but it does not permit the banning of political parties.

Enacted in 1973, the International Crimes Tribunal (ICT) Ordinance was designed to prosecute individuals accused of genocide, crimes against humanity, war crimes and other violations of international law.
The Ministry of Law, Justice and Parliamentary Affairs introduced the amendment to modernise the existing law.

The decision was made at a meeting of the Advisory Council, chaired by Chief Adviser Professor Muhammad Yunus, at the Secretariat on Wednesday.

After the meeting, Law Adviser Dr Asif Nazrul addressed the media at a press conference at the Foreign Service Academy, confirming that the provision to ban political parties would not be included in the amendment.

He explained that the Advisory Council believed it would be inappropriate to mix such a matter with the tribunal’s functions, stressing that introducing such a provision could undermine the legitimacy of the law, which the government did not want to risk.

Dr Nazrul further explained that if there is a need to ban a political party due to criminal activities or public demand, other laws, including the Anti-Terrorism Act, the Election Laws, and the 1978 Political Party Ordinance, already provide the necessary legal mechanisms.

He clarified that if political consensus or public demand calls for the banning of a party, it should be addressed under these existing laws, not through the International Crimes (Tribunal) Law.

In a press release, the Cabinet Division reminded that the International Crimes (Tribunal) Ordinance was initially passed in 1973 to prosecute individuals accused of serious international crimes. Since parliament currently stands dissolved, there is an urgent need to modernise the law to effectively prosecute those accused of international crimes, leading to the introduction of the International Crimes (Tribunal) (Amendment) Ordinance, 2024.

It also noted that further amendments to the 1973 ordinance are necessary to align it with the Rome Statute and current international law standards, as recommended by various domestic and international human rights organisations. These amendments aim to ensure the effective enforcement of the law.

Key amendments in the International Crimes (Tribunals) (Amendment) Ordinance, 2024 include clarifications on the definition of international crimes, the determination of criminal liability, the broadcasting of proceedings via audio and video, provisions for foreign counsel, rights of the accused during trials, interlocutory appeals, the admissibility and relevance of evidence, provisions for search, seizure, witness protection, victim participation and observer roles.

The draft ordinance was developed after extensive consultations with various government departments, universities, human rights activists, international organisations and legal experts. Following a review of their feedback, the draft was modified by the Law and Justice Department.

At the end of the meeting, the International Crimes (Tribunal) (Amendment) Ordinance, 2024 was granted in-principle and final approval, as confirmed in the Cabinet Division’s press release.