Home | Back Issues | Contact Us | News Home
 
 
“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 223
January 21, 2006

This week's issue:
Law Vision
Star Law Analysis
Law Education
Law Book Review
For Your Information
Law Week

Back Issues

Law Home

News Home


 

Law Book Review

Ratification of Rome Statute

'Campaign for the International Criminal Court in Bangladesh', published by "Odhikar', 113 pages.

Over the last thirty years, civil society representatives throughout the world have played a significant role in drawing the attention of governments and ordinary citizens to the need for institutional cooperation in the evolution of international law. They have also systematically contirubted towards strategic inter-action between international organisations. Their efforts have helped strengthen institutional capacity and the process of implementation of agreed principles.

'Odhikar', a human rights organisation in Bangladesh has been in the for efront of many issues. They were particularly association in the creation of the International researchers associated with this campaign. This on-hand training still continues with Odhikar following up its efforts within Bangladesh for the ratification of the ICC Statute.

This publication has been made possible as part of an ICC campaign project with support from FORUM-ASIA. Both these orgnaisations believe in the effective functioning of the Court and its potential in protecting human rights in all regions of the world. In this context, this compilation will be most useful for people interested in following the steps that have already been taken and those that need to be undertaken with regard to eventual ratification of the ICC Stature.

The importance of this publication lies in the different de-briefing reports prepared after four Workshops and two Regional Conferences on the ICC scenario.

These chapters will enlighten the readers about the historical steps that were necessry for the establishment of the International Criminal Court. They willalso clarify the concept of complementarity of the ICC and its relations with/to the jurisdiction ofBangladesh. The reports will also explain how the possibility of any conflict of jurisdiction might be disregarded given the existing constitutional provisions within the Bangladesh Constitution. The book also suggests how Bangladesh can ratify the statute and yet ensure that there would be no inconformity with domestic law. It is proposed that this could be achieved by opting out of some of the existing Statute provisions.

Eminent Bangladeshi jurists have also enhanced the quality of the compilation through the inclusion of selected speeches and articles onthe subject of the ICC and human rights.

Their observations will help in increasing public awareness about the Rome Statue and establishment of the ICC. One interesting piece is the reflections of Advocate TH Khan, a former Judge of the International Criminla Tribunal on Rwanda (from 1995 to 1999). Similarly readers will profit from the learned article on the ICC by Mr. David Sproule, the former Canadian High Commissioner to Bangladesh who is presently stationed as the Canadian Ambassador in Kabul, Afghanistan. His observations with regard to the purpose of implementing legislation and options associated with implementation procedure should be of great help to ur legal experts in our Ministry of Law. It should help them to understand better the ICC as a carefully designed institution.

Another useful article is the 'National Interest Statue as presented by Dr. A. Ziauddin. He has dealt with the different juridical aspects that would have to be addressed if Bangladesh ratifies the Statute. Dr. Asif Nazrul in his article has also usefully referred to the procedural mechanism associated with the ICC. He has also touched on the Bilateral Immunity Agreements initiaed by the USA in this regard and pointed out that according to many jurists; such individual agreements are possibly contrary to international law. I must also acknowledge the article " The International Criminal Court-How it works", by Jesmul Hasan which also pen windows with regards to the connotation of the Rome statute in brief.

Sultana Raiza has also commented on the Rome Statute, the role and function of Victims and Witnesses. Her article treats this subject within the overall matrix of providing evidence for the purpose of prosecution. She has also significantly touched on the responsibilities and functions of the Reparation Unit and the tasks of the Registrar under the Rome Statute. These are procedural in nature but will help students of law in being able to compare such provisions with that available in domestic law in the Bangladesh judicial system.

Odhikar, most sensibly has also included several newspaper clippings. These add variety.

The Members of the Bangladesh Coalition for the ICC deserve felicitation for the work that they have already acheived. It should encourage them to pursue their objectives with greater determination.

The author is a former secretary and Ambasador who can be reached at mzamir@dhaka.net).

 
 
 


© All Rights Reserved
thedailystar.net