The Impact of Long-Delayed Prosecutions on Fighting Impunity in Bangladesh

Zammit Borda, Aldo and Hosen, Sajib (2021) The Impact of Long-Delayed Prosecutions on Fighting Impunity in Bangladesh. In: Asian Society of International Law 8th Biennial Conference: What Place for International Law in the Asian Future?, Online.

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This article focuses on the challenges of “long-delayed” prosecutions, that is, criminal prosecutions that begin decades after the conflict, using the experience of the International Criminal Tribunal for Bangladesh (ICT-BD). This issue is still an insufficiently discussed topic, which is important because these types of prosecutions are likely to gain in ascendancy in the future. Although the ICT-BD is a controversial court, this article will sidestep those controversies and will focus mainly on the legal and broader, transitional justice challenges of long-delayed prosecutions. Using Cayley’s categorisation of: (1) crime scenes, (2) witnesses, (3) documents and (4) expert evidence, it finds that the passage of time has a contradictory, twofold effect on evidence. The article concludes that the question of whether long-delayed prosecutions are desirable for a particular society remains highly context-dependent, and in some cases mechanisms other than criminal trials may be better suited to dealing with the past.

Item Type: Conference or Workshop Item (Paper)
Keywords: Long Delay, Criminal Prosecutions, Conflict, Human Rights Violations, Evidence, Bangladesh
Faculty: Faculty of Business & Law
SWORD Depositor: Symplectic User
Depositing User: Symplectic User
Date Deposited: 28 Apr 2021 14:35
Last Modified: 25 Apr 2022 15:38

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