Toby Cadman urges govt to refer July massacre case to the ICC
Toby Cadman today urged the government to refer the cases of the July-August massacres to the International Criminal Court (ICC) in The Hague, said a CA press wing release.
Cadman is the Special Advisor to the International Crimes Tribunal (ICT) Chief Prosecutor and has extensive experience as an international criminal law specialist. He has worked on cases in Bosnia, Kosovo, Rwanda, Yemen, Syria, and Ukraine.
He made the suggestion when he called on Chief Adviser Professor Muhammad Yunus at the state guest house Jamuna.
According to the press release, the issue of how Dhaka would involve the International Criminal Court in The Hague was also brought up and discussed during this meeting. The discussions delved into the potential for international cooperation and the roles and responsibilities of the court in Bangladesh's quest for justice.
The meeting began with a detailed discussion on the progress and challenges faced by the International Crimes Tribunal.
The tribunal has the task of addressing the atrocities committed during the previous regime of Sheikh Hasina, especially during the student-led uprising in July-August 2024.
In the meeting between Cadman and Yunus, a number of topics were discussed concerning the applicable legal framework and the need to break from the past.
Cadman, who is also the head of G37 Chambers, suggested amendments to the ICT legal and regulatory framework, including changing the name of the tribunal "to demonstrate a clear departure from the previous autocratic regime."
According to the press release, it was noted in the meeting that due to certain absconding accused being shielded by foreign states, cooperation with the International Criminal Court under the principles of complementarity is required, and the two institutions should work closely together to ensure that the perpetrators are held fully accountable.
The issue of the death penalty and the incorporation of procedural rules of evidence to ensure the highest standards of fair trial and due process were also discussed during the meeting.
Professor Yunus expressed appreciation for the work of the ICT Prosecution team, saying they must uphold the highest international standards to ensure a fair trial and justice.
The Chief Adviser also said Bangladesh would soon decide whether it would refer the July atrocities to the Hague-based ICC since the UN fact-finding mission last month reported that potential crimes against humanity were committed during the uprising.
"It is important that the world should know who ordered the massacres of 1,400 students, protesters, and workers during the July uprising and who were the main perpetrators. The UN fact-finding mission has done a splendid job by unmasking the real face of the (Sheikh Hasina) regime. Now we must hold the culprits to account and serve justice," he said.
The issue of providing full resources to the tribunal and the prosecution was discussed to ensure that witnesses are protected, the accused receive all fundamental rights necessary for fair trials, and that the public has full and transparent access to the process.
Another major point of discussion was the seizure of stolen assets by the previous regime, and the legal and procedural measures needed to recover and repatriate these assets.
At the end of the meeting, Professor Yunus presented Cadman with a copy of the book "Art of Triumph: Graffiti of Bangladesh's New Dawn."